Legal Opinion

The Sea Flower

U.S. Circuit Court for the District of Southern New York

Decided October 15, 1848PublishedCited by 1 opinion

[Appeal from the district court of the United States for the Southern district of New York.] John Davenport filed a libel in rem against the brig Sea Flower, in the district eourt. to recover the sum of 81.381 45 advanced for repairs to and other necessaries for the brig Sea Flower in the island of Bermuda.

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[Appeal from the district court of the United States for the Southern district of New York.] John Davenport filed a libel in rem against the brig Sea Flower, in the district eourt. to recover the sum of 81.381 45 advanced for repairs to and other necessaries for the brig Sea Flower in the island of Bermuda. The vessel had been wrecked and abandoned to the underwriters, who sent an agent from New York to the island, with authority to pay the salvage, repair the vessel, and bring her to New York. For the purpose of enabling him to raise the necessary means they gave him a letter of credit,…

1Opinion of the Court

THE COURT

held that exclusive credit for the advance was given to the underwriters, that no lien existed on the vessel for its repayment, and, especially, that the lien could not, under the circumstances, be set up against the title of a bona fide purchaser. Decree affirmed.

2Cited by1 opinion

  1. Rickard v. The James FarrellDistrict Court, S.D. New York · 1888

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