Legal Opinion

The Golden Rod

Court of Appeals for the Second Circuit

Decided April 4, 1907No. 253PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of New York. On appeal by the owner of tbe yacht Golden Rod from a decree of the District Court for the Southern District of New York condemning the yacht to pay a claim of $296.13 for coal supplied to the yacht between May 25, 1905, and June 22, 1905. The facts fully appear in the opinion of the District Judge, which is reported in 145 Fed. 743.

1Opinion of the Court

COXE, Circuit Judge.

We are satisfied with the finding of the District Judge that the agent of the purchaser on board the yacht had authority to bind her for necessaries and that a lien was created under the state statute for coal furnished by the libelant to the Golden Rod.

The proof shows that the coal was delivered on board the jracht in ’May and June, 1905, as follows:

May 25, 5 tons............................................... $ 28 75

June 1, 10 “ 57 50

“ 9, 10 ■ “ ............................................... 57

50

“ 19, 5 “ 28 75
“ 22, 22% “ ...............................................…

2Cases cited1 opinion

  1. Gladwish v. The NiagaraDistrict Court, S.D. New York · 1887

3Cited by2 opinions

  1. The SatelliteDistrict Court, D. Massachusetts · 1910
  2. The ColfaxDistrict Court, E.D. New York · 1910

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