Ex parte Clark
District Court, D. Massachusetts
This was a petition filed under the United States bankrupt law, by W. P. Clark, master of the brig Maria Theresa, to be allowed 8S3 out of the estate of Mark Healey, a bankrupt and sole owner of the Maria Theresa, for which sum Clark claimed a lien on the vessel.
Read the full summary
This was a petition filed under the United States bankrupt law, by W. P. Clark, master of the brig Maria Theresa, to be allowed 8S3 out of the estate of Mark Healey, a bankrupt and sole owner of the Maria Theresa, for which sum Clark claimed a lien on the vessel. It was agreed that the Maria Theresa sailed from the East Indies for Boston, in the autumn of 1842; that during the voyage, in January, 1843, she put into St Helena and obtained provisions and supplies, for which the master drew a bill of exchange, for 883, on the owner. It was also agreed that the Maria Theresa did not arrive in…
1Opinion of the Court
SPRAGUE, District Judge.
The question is whether the master of a vessel, having expended his own money for necessary disbursements abroad, has a lien therefor on the vessel, after she has returned to her home port It is the settled law in this country that he has no lien upon the vessel for his wages (Abb. Shipp. 147, note); but he has a lien on the freight not only for *833disbursements (The Packet [Case No. 10,654]), but also for his wages (Drinkwater v. The Spartan [Id. 4,085]; Ingersoll v. Van Bokkelin, 7 Cow. 670; Abb. Shipp. 139, 147, 377, note). Such lien extends to the cargo also, when it…
2Cases cited6 opinions
- Stevens v. TownsendMichigan Supreme Court · 1843
- Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ingersoll v. Van BokkelinNew York Supreme Court · 1827
- Lewis v. HancockMassachusetts Supreme Judicial Court · 1814
- Goodridge v. LordMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.