Thorsen v. The Schooner "J. B. Martin"
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Chapter 150 of the Revised Statutes provides (section 1) that “ every boat or vessel used in navigating the waters of this state shall be liable: — 1. For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel; on account of work done or service rendered on board of such boat or vessel; or on account of labor done or materials furnished by…
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APPEAL from the Circuit Court for Milwaukee County. Chapter 150 of the Revised Statutes provides (section 1) that “ every boat or vessel used in navigating the waters of this state shall be liable: — 1. For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel; on account of work done or service rendered on board of such boat or vessel; or on account of labor done or materials furnished by mechanics, tradesmen, or others, in and for building, repairing, fitting out, furnishing or equipping such boat or…
1Opinion of the CourtPaine, J.
There are two good answers to the objection that the state court had no jurisdiction. The first is, that the contract for the original equipment of the vessel was not a maritime contract, within the supposed exclusive admiralty jurisdiction. People’s Ferry Co. v. Beers, 20 How. 393; Roach et al. v. Chapman et al., 22 id. 129. In the former case the contract was for building the hull of a vessel. And the court, in holding it not to be a maritime contract, within the admiralty jurisdiction, naturally enough mentions the fact that it was a contract made upon land, and to be performed on land.…
2Cases cited5 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- The EagleSupreme Court of the United States · 1869
- Hay v. Steamboat WinnebagoWisconsin Supreme Court · 1860
- McRoberts v. Steamboat Henry ClayWisconsin Supreme Court · 1863
3Cited by5 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Campbell v. ShermanWisconsin Supreme Court · 1874
- Reynolds v. NielsonWisconsin Supreme Court · 1903
- The De SmetU.S. Circuit Court for the District of Eastern Louisiana · 1881
- Tuttle v. BuckOhio Supreme Court · 1873