Revere Copper Co. v. The Olga
District Court, S.D. New York
The Italian bark Olga, hailing from Castellainare, Italy, contracted to the libelant company above named, at New York, in August, 1886, a debt for copper-sheeting. For the unpaid balance of that bill the master gave a bottomry draft, by which he bound his vessel and freight for repayment upon return of the bark to New York, and provided that any other draft he might draw upon his consignees should be secondary to the lien of this obligation.
Read the full summary
The Italian bark Olga, hailing from Castellainare, Italy, contracted to the libelant company above named, at New York, in August, 1886, a debt for copper-sheeting. For the unpaid balance of that bill the master gave a bottomry draft, by which he bound his vessel and freight for repayment upon return of the bark to New York, and provided that any other draft he might draw upon his consignees should be secondary to the lien of this obligation. The vessel, on her return voyage, borrowed necessary funds at Cette and at Marseilles on bottomry; and at Almería, her port for loading her return cargo,…
1Opinion of the CourtBrown, J.
The proceeds of the vessel sold being insufficient to pay all the liens upon her, and the liens being diverse in character, they must be paid in the order of their relative rank under the maritime law. *330The vessel is Italian, and the provisions of the Italian Code should, therefore, be observed by comity, as respects the claims of those on board the vessel, as among themselves, including the claim of the master. The Brantford City, 29 Fed. Rep. 373, 384, 385. As respects the liens arising upon the contracts made by the master within this jurisdiction, and the priorities of such liens in…
2Cases cited1 opinion
- The SelahDistrict Court, D. California · 1876
3Cited by7 opinions
- United States v. Robins Dry Dock & Repair Co.Court of Appeals for the First Circuit · 1926
- Payne v. SS Tropic BreezeCourt of Appeals for the First Circuit · 1970
- The CatskillDistrict Court, S.D. New York · 1899
- The BeeDistrict Court, D. Oregon · 1914
- Medina v. Marvirazon Compania Naviera, SADistrict Court, D. Massachusetts · 1982
2 more not listed; retrieve them via the Exa API.