The Benton
District Court, E.D. Michigan
On libel of George W. Turner, voluntary assignee of McDowell, Caul & Brett, for coal furnished the propeller Benton. It appeared that the Benton was owned by six persons residing in Ohio and Michigan, two of whom were McDowell and Caul. Some time in July, 1S77, McDowell, Caul & Brett made an assignment to Turner for the benefit of their creditors, and he filed these libels for coal furnished the propeller by his assignees, to the amount of about six thousand dollars.
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On libel of George W. Turner, voluntary assignee of McDowell, Caul & Brett, for coal furnished the propeller Benton. It appeared that the Benton was owned by six persons residing in Ohio and Michigan, two of whom were McDowell and Caul. Some time in July, 1S77, McDowell, Caul & Brett made an assignment to Turner for the benefit of their creditors, and he filed these libels for coal furnished the propeller by his assignees, to the amount of about six thousand dollars. McDowell, Caul & Brett were equal partners in the coal business, Brett having no interest in the boat. The answer discloses the…
1Opinion of the Court
BROWN, District Judge.
It was conceded upon the argument that libellant had no greater rights than his assignors would have had, if the libel had been filed by them. If he is entitled to recover, it must be upon the theory that the firm of McDowell, Caul & Brett had a. lien upon the shares of McDowell & Caul, or upon the shares of the other part owners. That a material man can have no lien upon his own ship is too clear for argument. The only case that indicates the possibility of such a lien, — Foster v. The Pilot No. 2, [Case No. 4,980,] — in which seamen, who were also part owners, were…
2Cases cited5 opinions
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
- Peck v. BrummagimCalifornia Supreme Court · 1866
- Babb v. ReedSupreme Court of Pennsylvania · 1835
- Stevenson v. StonehillSupreme Court of Pennsylvania · 1840
- Gallatin v. The PilotU.S. Circuit Court for the District of Western Pennsylvania · 1853
3Cited by3 opinions
- The CimbriaDistrict Court, D. New Jersey · 1914
- The Frank BrainerdDistrict Court, D. Maine · 1925
- The Catherine M. MonahanDistrict Court, D. Maryland · 1912