The Kate Hinchman
U.S. Circuit Court for the Northern District of Illnois
[Appeal from the district court of the United States for the Northern district of Illinois.] The original libel in this case, under which the schooner was sold, was filed by seamen, and the sale took place December 16, 1874. On that day the petitioners, Miller Brothers, and Gilbert Hubbard & Co., filed intervening claims for a portion of the proceeds of the vessel arising from the sale.
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[Appeal from the district court of the United States for the Northern district of Illinois.] The original libel in this case, under which the schooner was sold, was filed by seamen, and the sale took place December 16, 1874. On that day the petitioners, Miller Brothers, and Gilbert Hubbard & Co., filed intervening claims for a portion of the proceeds of the vessel arising from the sale. These cases were submitted to the court under a stipulation of the following facts; A mortgage was executed upon the schooner, dated March 1, 1871, which was duly recorded in the office of the collector at…
1Opinion of the Court
DRUMMOND, Circuit Judge.
The petitioners had a lien upon the schooner under the laws of the state of Illinois. There is not a sufficient fund in court, arising from the .■■ale. to pay the mortgage, as well as Miller Bros., and Gilbert Hubbard & Co., and the question is. whether the mortgage is to be paid in preference to the supplies and materials furnished in the home port.
I am of opinion that it is, and that it constitutes a prior lien upon the vessel, and should be first paid out of the proceeds. It may be admitted that if these supplies and materials constitute a maritime lien upon the…
2Cases cited2 opinions
- Barque Great West No. 2 v. OberndorfIllinois Supreme Court · 1870
- Propeller Hilton v. MillerIllinois Supreme Court · 1871
3Cited by6 opinions
- The J. E. RumbellSupreme Court of the United States · 1893
- Clyde v. Steam Transp. Co.U.S. Circuit Court for the District of Eastern North Carolina · 1888
- The CanadaDistrict Court, D. Oregon · 1881
- The Sylvan StreamDistrict Court, N.D. New York · 1888
- Bishop v. The MysticDistrict Court, N.D. Illinois · 1886
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