The Bronx
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Eibel by Btirns Bros., a corporation, against the steamer Bronx, claimed by George W. Beebe. From a decree for libelant, claimant appeals. The corporation of Burns Bros, filed a libel against the domestic vessel Bronx for supplies, furnished (as alleged) at the instance of master and owner. That steamer was at the time in the possession of Beebe, as charterer, who maintained a ferry.
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Appeal from the District Court of the United States for the Eastern District of New York. Eibel by Btirns Bros., a corporation, against the steamer Bronx, claimed by George W. Beebe. From a decree for libelant, claimant appeals. The corporation of Burns Bros, filed a libel against the domestic vessel Bronx for supplies, furnished (as alleged) at the instance of master and owner. That steamer was at the time in the possession of Beebe, as charterer, who maintained a ferry. In order to prevent interference with his ferry service, Beebe filed a claim as “agent for the otvners for the interest of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). In the one point advanced by appellant in the court below, and raised here by assignment of error, there is no legal merit.
[1] The answer asserted that Wolfe, an officer of alleged owner, agreed with' libelant that either he or the owner would pay for the supplies in question. From this Beebe seems to have inferred that, if Wolfe was not as good as his word, there was no lien. Such is not the law; the lien is. presumed on proof of due delivery on request of lawful supplies, until such presumption is destroyed by affirmative proof of agreement -that the…
2Cases cited5 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- The YankeeCourt of Appeals for the Third Circuit · 1916
- The OceanaCourt of Appeals for the Second Circuit · 1917
- Liberty Steamboat Co. v. TurnerCourt of Appeals for the Second Circuit · 1894
- The 'Coty of Washington.'Supreme Court of the United States · 1876
3Cited by12 opinions
- Todd Shipyards Corporation v. the City of AthensDistrict Court, D. Maryland · 1949
- Farrell Ocean Services, Inc. v. United StatesCourt of Appeals for the First Circuit · 1982
- The AstorianCourt of Appeals for the Ninth Circuit · 1932
- United States v. HendersonCourt of Appeals for the Third Circuit · 1922
- West Kentucky Coal Co. v. DillmanCourt of Appeals for the Eighth Circuit · 1926
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