In re Low
District Court, D. Massachusetts
Petition by [J. Baker et al.] mortgagees of the fishing-schooner Florence Reed, of Gloucester, praying that the assignees in this case might be ordered to pay out to them a part of the money received for the sale of a fare of fish.
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Petition by [J. Baker et al.] mortgagees of the fishing-schooner Florence Reed, of Gloucester, praying that the assignees in this case might be ordered to pay out to them a part of the money received for the sale of a fare of fish. The case was, that John Low & Son, the bankrupts, were in possesion of the vessel, and sent her on a voyage to the Grand Banks; and, before her return, the petition in bankruptcy was filed, and the marshal took possession of the schooner and her catch, and turned them over to the assignees, who sold a part of the fish and received the proceeds. The remaining fish,…
1Opinion of the Court
LOWELL, District Judge.
Although the-fisherman is in many respects like a hired seaman, yet he has a right to say that the proceeds of the fish shall be appropriated to his payment; in other words, he has an equitable lien on the fish, subject, of course, to the absolute right of a solvent owner to convey and give an indefeasible title to the purchaser. It is very like the lien of seamen on the freight, which does not oblige a freighter to see to the application of his money; but, until a payment has been made, the lien may be enforced in the admiralty. The Antelope [supra]. A court of equity…
2Cited by3 opinions
- Whitney v. TibbolCourt of Appeals for the Ninth Circuit · 1899
- Story v. RussellMassachusetts Supreme Judicial Court · 1892
- Tibbol v. MarionDistrict Court, N.D. California · 1897