Legal Opinion

The Maipo

District Court, S.D. New York

Decided February 21, 1919PublishedCited by 6 opinions

In Admiralty. Suit by the Commercial Shipping Company against the steamship Maipo. On motion to discharge respondent vessel from the custody of the United States marshal under process in real on representations that she belongs to the Republic of Chile.

1Opinion of the CourtHough, Circuit Judge

(orally). Speaking strictly or technically, I think there is no legal difference between the aspect of affairs when the Maipo was brought to the attention of this court the last time (when Judge Mayer wrote an opinion), and the circumstances now presented.

It is true that on the previous occasion, when an endeavor to seize the Maipo was made, libelant was a shipper, who presumably knew that he was dealing with the Chilean government and not with a private shipowner, when he entered into the business which was the basis of his asserted maritime lien, whereas in this case the maritime lien is…

2Cited by6 opinions

  1. Berizzi Brothers Co. v. SS PesaroSupreme Court of the United States · 1926
  2. The PesaroDistrict Court, S.D. New York · 1921
  3. Dexter & Carpenter, Inc. v. Kunglig JarnvagsstyrelsenCourt of Appeals for the Second Circuit · 1930
  4. United States v. Deutsches Kal-Isyndikat GesellschaftDistrict Court, S.D. New York · 1929
  5. United States of Mexico v. RaskCalifornia Court of Appeal · 1931

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