The George T. Kemp
District Court, D. Massachusetts
Petition by a committee of the creditors of Isaac Taylor, a bankrupt, asking that the proceeds of sale of the bark George T. Kemp, remaining in the registry after paying the wages for which the vessel had been arrested, might be ordered to be paid to them as representing the creditors generally. This was resisted by the libellants, who claimed liens on the vessel.
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Petition by a committee of the creditors of Isaac Taylor, a bankrupt, asking that the proceeds of sale of the bark George T. Kemp, remaining in the registry after paying the wages for which the vessel had been arrested, might be ordered to be paid to them as representing the creditors generally. This was resisted by the libellants, who claimed liens on the vessel. There was evidence tending to show that the vessel was actually owned by Mr. Taylor, a resident of Massachusetts, doing business in Boston; that a transfer had been made, in form, to a resident of New Zealand, in order to obtain a…
1Opinion of the Court
LOWELL, District Judge.
It is now settled that material-men have a lien by the general maritime law on foreign vessels, including those which belong in a state of this Union other than that in which the supplies are furnished, and that domestic vessels are governed by the domestic law: The Lottawanna, 21 Wall. [88 U. S.] 558. But what vessels are to be accounted foreign, and what domestic? No doubt has ever been entertained that the papers and the flag furnish prima facie evidence upon the question; but suppose the real ownership does not coincide with the apparent or documentary ownership.…
2Cited by17 opinions
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Rupert CityDistrict Court, W.D. Washington · 1914
- Veasey v. PetersSupreme Court of Louisiana · 1917
- Vanhoesen v. The SegurancaDistrict Court, S.D. New York · 1893
- Mygatt v. KnappDistrict Court, E.D. Wisconsin · 1889
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