The Paul Boggs
District Court, D. Massachusetts
This was a libel in rem, promoted by James W. Elwell et als., ship-brokers, in New York, to recover money paid for supplies furnished by them in 1855, to the bark Paul Boggs [J. H. Rivers and others claimants], belonging to Maine. At the time of the commencement of the suit, which was on the 13th of July, 1857, the original owner of the bark was dead, and the present claimants came in as purchasers, by a bill of sale, made in June, 1857, from the admin-istratrix.
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This was a libel in rem, promoted by James W. Elwell et als., ship-brokers, in New York, to recover money paid for supplies furnished by them in 1855, to the bark Paul Boggs [J. H. Rivers and others claimants], belonging to Maine. At the time of the commencement of the suit, which was on the 13th of July, 1857, the original owner of the bark was dead, and the present claimants came in as purchasers, by a bill of sale, made in June, 1857, from the admin-istratrix. The libellants commenced a suit, in the state court, against the administra-trix, and attached the vessel, which was discontinued^…
1Opinion of the Court
SPRAGUE, District Judge.
There can be no doubt that the debt, on which this libel was brought, constituted a lien on the vessel, which would have adhered to it, as against the original owners. But it is urged by the claimant, that the creditors, by commencing an action on the same claim, against the administratrix, in the state court, and attaching the vessel by mesne process therein, waived the lien. This is the first question to be decided.
Judge Story, in the case of The Chusan [Case No. 2,717], states the law to be, that on a claim like the present, there'are three distinct remedies, which…
2Cited by3 opinions
- The KaluramaSupreme Court of the United States · 1870
- Revere Copper Co. v. The Augustine KobbeDistrict Court, S.D. Alabama · 1888
- The KaloramaSupreme Court of the United States · 1869