Clark v. Five Hundred & Five Thousand Feet of Lumber
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. This was a libel by Frank Clark, owner of the steam barge Maggie Duncan, against 505,000 feet of lumber, constituting her cargo, and H. Paepcke & Co., consignees, to enforce a lien for freight. The district court dismissed the libel. Libelant appeals.
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Appeal from the District Court of the United States for the Northern District of Illinois. This was a libel by Frank Clark, owner of the steam barge Maggie Duncan, against 505,000 feet of lumber, constituting her cargo, and H. Paepcke & Co., consignees, to enforce a lien for freight. The district court dismissed the libel. Libelant appeals. The appellant filed a libel in rem in the district court, on September 15,1892, against the cargo of the steam barge Maggie Duncan, for enforcement of a maritime lien for freight. The libel alleges his sole ownership of the steam barge, and agreement to…
1Opinion of the CourtSeaman, District Judge
(after stating the facts). This is a proceeding in admiralty, in rein, for the enforcement. of a lien for. freight against the cargo of lib el an Us vessel. The existence of the lien is Unquestioned, and it was operative in favor of the vessel *239owner from (lie moment Hie cargo was taken on board. 11s enforcement was a matter peculiarly within the admiralty jurisdiction of the district court. The libel was filed, and the cargo came into the custody of that court through its seizure by the marshal, on September 15, 1892. The only objections urged by the consignee (respondent here and claimant…
2Cases cited19 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Wallace v. McConnellSupreme Court of the United States · 1839
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- United States v. AmesSupreme Court of the United States · 1879
- The EddySupreme Court of the United States · 1867
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3Cited by10 opinions
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Baltimore & O. R. Co. v. Wabash R. Co.Court of Appeals for the Seventh Circuit · 1902
- Rodinciuc v. United StatesCourt of Appeals for the Third Circuit · 1949
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912
- Starr v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1901
5 more not listed; retrieve them via the Exa API.