Northwestern Fuel Co. v. Dunkley-Williams Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. Libel in admiralty by the Northwestern Duel Company against the steamer Petoskey; the Dunkley-Williams Company, claimant. Decree for libelant, for less than amount claimed, and libelant appeals.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. Libel in admiralty by the Northwestern Duel Company against the steamer Petoskey; the Dunkley-Williams Company, claimant. Decree for libelant, for less than amount claimed, and libelant appeals. The appellee, owner of the steamer Petoskey, chartered her to the Chicago Transportation Company from May 1, 1906, until December 10, 1906, for a consideration of $5,000. The charter party provided that second party thereto should pay promptly all of the'running expenses of the steamer, and not permit her to be…
1Opinion of the Court
KOHRSAAT. Circuit Judge
(after stating the facts as above). The test of liability herein is conclusively stated by the Supreme Court in the case of The Valencia, 165 U. S. 264, 17 Sup. Ct. 323, 41 L. Ed. 710, as follows, viz. :
"One furnishing supplies or making repairs on the order simply of a person or corporation acciuiring the control or possession of a vessel under such a charter party cannot acquire a maritime lien, if the circumstances attending the transaction put him on inquiry as to the existence and terms of such charier party, but he failed to make inquiry, and chose to act on a…
2Cases cited15 opinions
- The ValenciaSupreme Court of the United States · 1897
- The KateSupreme Court of the United States · 1896
- The LuluSupreme Court of the United States · 1870
- Pittman v. The Samuel MarshallCourt of Appeals for the Sixth Circuit · 1893
- McCaldin v. The StromaCourt of Appeals for the Second Circuit · 1892
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3Cited by1 opinion
- United States v. HendersonCourt of Appeals for the Third Circuit · 1922