The Champion
District Court, E.D. Michigan
In admiralty. This was a libel in rem by James O’Leary for wood supplied the tug Champion by the libellant at Lampton, on St. Clair river, in the province of Ontario, in October and November, 1S71. The tug was a vessel of the United States, and owned and registered at Detroit, in this district. The li-bellant was a citizen of Ontario and a subject of Great Britain.
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In admiralty. This was a libel in rem by James O’Leary for wood supplied the tug Champion by the libellant at Lampton, on St. Clair river, in the province of Ontario, in October and November, 1S71. The tug was a vessel of the United States, and owned and registered at Detroit, in this district. The li-bellant was a citizen of Ontario and a subject of Great Britain. Before the suit was brought, O’Leary had assigned his claim to Johnson & Co., brokers and bankers, of Port Huron, in this district, and the suit was brought at their instance and for their benefit. The claim was evidenced by drafts…
1Opinion of the Court
LONGYEAR, District Judge.
The argument of respondent’s advocate in support ■of the first ground of defense — that there was no lien by the lex loci contractus, and therefore no right of action in rem in this ■court — is based upon the following propositions: First. That the laws of France which prevailed in Canada at the time of its conquest by England, and by which there was a lien for necessaries supplied to a ship, had been superseded by the laws of England. Second. That a lien for necessaries supplied to a ship, whether domestic or foreign, never had an existence in England until it was…
2Cases cited10 opinions
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Tuttle v. HoweSupreme Court of Minnesota · 1869
- The 'Woodland.'Supreme Court of the United States · 1881
- The M. VandercookDistrict Court, D. New Jersey · 1885
- Pearsons v. TinckerSupreme Judicial Court of Maine · 1853
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