The Lottawanna
Supreme Court of the United States
The case was thus: In the year 1819 this court, in The General Smith* decided (as the profession has generally understood), that in respect to repairs or necessaries furnished to a ship in the port or State to which she belongs, no lien is implied unless it is recognized by the municipal law of the State; declaring the rule herein to be different from that where the repairs or necessaries are furnished to a foreign ship; in which case it was admitted that the maritime law of…
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The case was thus: In the year 1819 this court, in The General Smith* decided (as the profession has generally understood), that in respect to repairs or necessaries furnished to a ship in the port or State to which she belongs, no lien is implied unless it is recognized by the municipal law of the State; declaring the rule herein to be different from that where the repairs or necessaries are furnished to a foreign ship; in which case it was admitted that the maritime law of the United States gives the party a lien on the ship itself for his security. In view of this decision most or all of…
1Opinion of the CourtJustice Bradley
The principal questions raised in this case were decided by this court adversely to the lien more than fifty years ago in the case of The General Smith, reported in 4 Wheaton, 488, and that decision has ever since been adhered to, except occasionally in some of the District Courts. A solemn judgment relied on so long by the commercial community as a rule of property and the law of the land, ought not to be overruled except for very cogent reasous. If, however, in the progress of investigation, and with the new lights that have been thrown upon the whole subject of maritime law and admiralty…
2Cases cited2 opinions
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- The Steamer St. LawrenceSupreme Court of the United States · 1862
3Cited by433 opinions
- Crowell v. BensonSupreme Court of the United States · 1932
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
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