The Whitaker
District Court, D. Massachusetts
This was a suit in rem, against the brig Whitaker, to recover $2330, for services rendered in getting said brig off a beach in Scituate, upon which she had been driven in a storm. It appeared in evidence, that the master of the brig had entered into a contract with one Samuel H. Holbrook, to get his vessel off, for the sum of $9U0, which was to be in full for every expense attending that service.
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This was a suit in rem, against the brig Whitaker, to recover $2330, for services rendered in getting said brig off a beach in Scituate, upon which she had been driven in a storm. It appeared in evidence, that the master of the brig had entered into a contract with one Samuel H. Holbrook, to get his vessel off, for the sum of $9U0, which was to be in full for every expense attending that service. Holbrook, in pursuance of his contract, procured an anchor and chain to be sent to the vessel, to be used in getting her off; employed men to labor upon her at daily wages, and with their aid,…
1Opinion of the Court
SPRAGUE, District Judge.
Holbrook had a lien, which he might enforce, either in a cause of contract or of salvage. But in the execution of his contract with the master, he had no authority to hire laborers, or procure materials, upon the credit either of the vessel or owners; and the men employed by him have no lien upon the vessel, which they can enforce in this libel. They knew that Holbrook was a contractor, and not an agent of the owners. The libellants did not bestow their labor and materials on the vessel, under a contract with the owners or master, or with any person who, by the acts or…
2Cited by2 opinions
- The RoanokeSupreme Court of the United States · 1903
- Merritt v. MorseCourt of Appeals for the Second Circuit · 1895