Legal Opinion

The "Edith."

Supreme Court of the United States

Decided March 26, 1877No. 187PublishedCited by 36 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. In July, 1870, Buckman & Co., having done' work and furnished materials amounting to $3,597.37 in repairing the “ Edith,” while she vras lying in navigable waters in her home port of New York, claimed a lien on the ship for materials and repairs, under an act of the State of New York, entitled “ An Act to provide for the collection of demands against ships and vessels,” passed April 24,…

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Appeal from the Circuit Court of the United States for the Southern District of New York. In July, 1870, Buckman & Co., having done' work and furnished materials amounting to $3,597.37 in repairing the “ Edith,” while she vras lying in navigable waters in her home port of New York, claimed a lien on the ship for materials and repairs, under an act of the State of New York, entitled “ An Act to provide for the collection of demands against ships and vessels,” passed April 24, 1862. Acts of 1862, p. 456. The requisite notice was filed the twenty-seventh day of July, 1870, a few days after the…

1Opinion of the CourtJustice Strong

Assuming that, by virtue of the provisions of the statute of New York, on April 24, 1862, 4 Gen. Stat. 632, the appellants had a lien upon the ship for the repairs made and materials furnished by them, it is a vital question whether that lien remained in existence when the ship was sold on the eighth day . of May, 1871. If it had expired, or if it had been discharged before that day, it is useless to examine the other questions raised in the case; for, however they might be determined, the decree made in the eourt below must necessarily be affirmed.

The repairs having been made upon a domestic…

2Cited by36 opinions

  1. The J. E. RumbellSupreme Court of the United States · 1893
  2. The AdaCourt of Appeals for the Second Circuit · 1918
  3. The RoanokeSupreme Court of the United States · 1903
  4. Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
  5. Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987

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