The Young Mechanic
U.S. Circuit Court for the District of Maine
This was an appeal from a decree of the district court in a suit in rem, to enforce payment of a claim for materials supplied by the libellant for building a vessel within the district of Maine. The decree was in favor of the libellant [Case No. 18,181], and the claimant appealed.
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This was an appeal from a decree of the district court in a suit in rem, to enforce payment of a claim for materials supplied by the libellant for building a vessel within the district of Maine. The decree was in favor of the libellant [Case No. 18,181], and the claimant appealed. It appeared that the person who was building the ship, upon a contract with whom the materials were supplied, had died before the institution of the suit, and his administrator had represented his estate to be insolvent, according to the local laws of the state. The only question made on the appeal was, whether the…
1Opinion of the Court
CURTIS, Circuit Justice.
This being a domestic vessel, the -lien, if any, is conferred by the local law. If by that law it exists, it may be enforced in the admiralty. If it has ceased to exist, it can be enforced nowhere. The General Smith, 4 Wheat [17 U. S.] 438: Peyroux v. Howard, 7 Pet. [32 U. S.] 324. The Revised Statutes of Maine (chapter 125, § 35) give to those who perform labor, or furnish materials for or on account of any vessel building or undergoing repairs, “a lien on such vessel for his wages or materials.” To decide the question now before me, it is necessary to determine what…
2Cases cited1 opinion
- Severance v. HammattSupreme Judicial Court of Maine · 1848
3Cited by14 opinions
- Pittman v. The Samuel MarshallCourt of Appeals for the Sixth Circuit · 1893
- Bailey v. SundbergCourt of Appeals for the Second Circuit · 1892
- Electro-Dynamic Co. v. The ElectronCourt of Appeals for the Second Circuit · 1896
- The J. W. TuckerDistrict Court, S.D. New York · 1884
- Bank One, Louisiana N.A. v. Mr. Dean MVCourt of Appeals for the Fifth Circuit · 2002
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