In re Hydraulic Steam Dredge No. 1
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. A libel in rem was filed in the district court of the United States for the Northern district of Illinois by the O. S. Richardson Fueling Company, appellant here, against the Hydraulic Steam Dredge No. 1 for supplies of coals furnished to the dredge at the port of Chicago, and which were necessary to enable her to engage in her business.
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Appeal from the District Court of the United States for the Northern District of Illinois. A libel in rem was filed in the district court of the United States for the Northern district of Illinois by the O. S. Richardson Fueling Company, appellant here, against the Hydraulic Steam Dredge No. 1 for supplies of coals furnished to the dredge at the port of Chicago, and which were necessary to enable her to engage in her business. These supplies amounted to $4,520.75, and were furnished between June 3, 1895, and June 27, 1896, which amount was claimed to be a lien upon the dredge by virtue of the…
1Opinion of the CourtJenkins, Circuit Judge
The allowance of a maritime, lien for services and supplies had its origin in the necessities of trading vessels visiting distant ports, where the master and the owner would presumably be without credit to obtain them. The lien was created for the benefit of the vessel, and not for the benefit^of the creditor, and to enable the vessel to pursue her voyage, and because the ship is made to “plow the sea, and not to rot by the walls.” Henry, Adm. § 43; The St. Jago De Cuba, 9 Wheat. 409. Such liens take precedence of antecedent charges upon the vessel because of the paramount necessity for the…
2Cases cited5 opinions
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- Cope v. Vallette Dry Dock Co.Supreme Court of the United States · 1887
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- Norton v. The Richard WinslowCourt of Appeals for the Seventh Circuit · 1896
- The AlabamaUnited States Circuit Court · 1884
3Cited by20 opinions
- Berwind-White Coal Mining Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1943
- Kibadeaux v. Standard Dredging Co.Court of Appeals for the Fifth Circuit · 1936
- Butler v. EllisCourt of Appeals for the Fourth Circuit · 1930
- Charles Barnes Co. v. One Dredge BoatDistrict Court, E.D. Kentucky · 1909
- JC Penney-Gwinn Corporation v. McArdleCourt of Appeals for the Fifth Circuit · 1928
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