Merrick v. Avery, Wayne & Co.
Supreme Court of Arkansas
Appeal from the Circuit Court of Pulaski county in Chancery. The Hon. W. H. Feild, Circuit Judge, presiding. The first question presented is, whether the complainants had a lien at all, even before they took the notes, by the law of Ohio.
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Appeal from the Circuit Court of Pulaski county in Chancery. The Hon. W. H. Feild, Circuit Judge, presiding. The first question presented is, whether the complainants had a lien at all, even before they took the notes, by the law of Ohio. The maritime law is, that there is a lien on a vessel for supplies furnished in a foreign port, which is enforceable in the admiralty, and every port is foreign to her which ,not in the same State to which she belongs, The Brig Nestor, 1 Sumner 73, and such lien does not require possession of the vessel. The Robert Fulton, 1 Paine 620. 9 Wheat 409. But by…
1Opinion of the CourtChief Justice Watkins
This was a suit in chancery, instituted by the appellees, Avery, Wayne & Co., Thomas Hite and others, against Merrick & Fenno, and William Fisher.
From the record sent here, the material facts of the case appear ;to be as follows :
The complainants residing at Cincinnati, Ohio, having furnished supplies to the steamboat P. H. White, then running in the Ohio river, and owned by William Fisher, settled their respective demands against the boat, on the 7th August, 1849, by taking the note in some instances of the owner, and in others of the master of the boat, either due presently or at so many…
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