Legal Opinion

Tarr v. Jordan

Court of Appeals for the First Circuit

Decided March 23, 1897No. 204PublishedCited by 4 opinions

Appeal from tbe District Court of tbe United States for tbe District of Massachusetts. This was a libel in rem by Fritz H. Jordan and others against the schooner Bertha M. Miller (James G. Tarr and others, claimants) to enforce an alleged lien for supplies. The district court rendered a decree for libelants, and the claimants have appealed.

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Appeal from tbe District Court of tbe United States for tbe District of Massachusetts. This was a libel in rem by Fritz H. Jordan and others against the schooner Bertha M. Miller (James G. Tarr and others, claimants) to enforce an alleged lien for supplies. The district court rendered a decree for libelants, and the claimants have appealed. An opinion was filed below by Nelson, District Judge, July 16, 1896, in the following terms: ' The supplies in this case were furnished to the vessel in a foreign port upon the order of the master. Tlie evidence is sufficient to prove that, the supplies…

1Opinion of the Court

WEBB, District Judge.,

The schooner Bertha M. Miller, owned in Gloucester, in the state of Massachusetts, was by her owners chartered to the captain and crew for the business of “fresh fishing,” in March, 1894, for the fishing season. By the terms of the charter, the captain and crew were to have sole control of the whole vessel, during the season (unless sooner the owners should terminate the charter, the right to do which was reserved), in the prosecution of the fishing business. The charterers were to provide-everything necessary for the contemplated business at their own expense, and it…

2Cases cited5 opinions

  1. The GrapeshotSupreme Court of the United States · 1870
  2. The LuluSupreme Court of the United States · 1870
  3. The KaluramaSupreme Court of the United States · 1870
  4. Thomas v. OsbornSupreme Court of the United States · 1856
  5. The PatapscoSupreme Court of the United States · 1872

3Cited by4 opinions

  1. The UnderwriterDistrict Court, D. Massachusetts · 1902
  2. The WyandotteCourt of Appeals for the Fourth Circuit · 1906
  3. The Maud PalmerDistrict Court, D. Massachusetts · 1915
  4. Thornhill v. OlsonNorth Dakota Supreme Court · 1913

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