Mills v. The Scotia
District Court, S.D. New York
In Admiralty. Libel for supplies. In the first above libel the sum of $581.63 was claimed for necessary supplies furnished in December, 1886, at the port of New York, to the steam-ship Scotia, of Glasgow, Scotland. In the second case the claim is for similar advances made on account of the vessel at Hayti.
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In Admiralty. Libel for supplies. In the first above libel the sum of $581.63 was claimed for necessary supplies furnished in December, 1886, at the port of New York, to the steam-ship Scotia, of Glasgow, Scotland. In the second case the claim is for similar advances made on account of the vessel at Hayti. Upon the arrest of the vessel in these suits, the mortgagees, under a mortgage made prior to the date of the supplies,, intervened as claimants, and resisted the alleged liens on the ground that the master had no authority to create them; that the limits of his authority in the business of…
1Opinion of the CourtBrown, J.
The result of the long controversy in England between ■the courts of common law and the courts of admiralty was to curtail ■the latter of their jurisdiction to a large degree. Since then the maritime liens recognized in England have been comparatively few; and *908some of these rest only upon recent statutes, the construction of which has been variable and doubtful. No lien is recognized for breach of contracts of carriage under charter-parties or bills of lading, nor for damages to goods carried on board ship, nor for goods undelivered, lost, or destroyed. Morewood v. Enequist, 23 How. 494; The…
2Cases cited13 opinions
- Morewood v. EnequistSupreme Court of the United States · 1860
- Watts v. CamorsSupreme Court of the United States · 1885
- Thomas v. OsbornSupreme Court of the United States · 1856
- Pope v. NickersonU.S. Circuit Court for the District of Massachusetts · 1844
- The" Julia Blake"Supreme Court of the United States · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rainbow Line, Inc. v. M/v Tequila (Ex Linglee), Her Engines, Tackle, Boiler, Equipment, Etc. Empire Commercial Corporation, Claimant-AppellantCourt of Appeals for the Second Circuit · 1973
- Russell H. Brandon, Trustee v. S. S. Denton, Her Engines, Etc.Court of Appeals for the Fifth Circuit · 1962
- Payne v. SS Tropic BreezeCourt of Appeals for the First Circuit · 1970
- Cantieri Navali Riuniti v. M/V SKYPTRONDistrict Court, W.D. Louisiana · 1985
- Neafie & Levy Ship & Engine Building Co. v. The EllaDistrict Court, D. Delaware · 1897
6 more not listed; retrieve them via the Exa API.