Legal Opinion

Worthington

Court of Appeals for the Seventh Circuit

Decided October 4, 1904No. 1,040PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Northern District of Illinois. In Admiralty. The Ashland National Bank filed its libel against the steamer Worthington, of the port of Chicago. Ill., to recover the sum of $300, advanced at the port of Ashland, Wis., for the use of the vessel. The Chamberlain Transportation Company, a corporation of the state of Illinois, the owner, intervened, and bonded the vessel.

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Appeal from the District Court of the United States for the Northern District of Illinois. In Admiralty. The Ashland National Bank filed its libel against the steamer Worthington, of the port of Chicago. Ill., to recover the sum of $300, advanced at the port of Ashland, Wis., for the use of the vessel. The Chamberlain Transportation Company, a corporation of the state of Illinois, the owner, intervened, and bonded the vessel. The steamer was due at the port of Ashland on May 29, 1902, where she was to take on a cargo of lumber to be transported to Chicago, or to some port in the state of New…

1Opinion of the CourtJenkins, Circuit Judge

(after stating the facts). Within the ruling of the Supreme Court of the United States in the cases of The Grapeshot, 9 Wall. 129, 19 L. Ed. 651, The Kalorama, 10 Wall. 204, 19 L. Ed. 941, and The Emily Souder, 17 Wall. 666, 21 L. Ed. 683, it *726is clear that there was an implied hypothecation of the steamer. The vessel was due at the port of Ashland — a foreign port — to load and to continue her voyage. The owner was without funds. At the request of the owner, the libelant advanced the necessary funds for the purpose of loading the vessel, and upon the credit of the vessel. That the services of…

2Cases cited16 opinions

  1. Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
  2. The Emily SouderSupreme Court of the United States · 1873
  3. The GrapeshotSupreme Court of the United States · 1870
  4. The KaluramaSupreme Court of the United States · 1870
  5. Boutin v. RuddCourt of Appeals for the Seventh Circuit · 1897

11 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. City of CamdenDistrict Court, S.D. Alabama · 1906
  2. Astor Trust Co. v. E. V. White & Co.Court of Appeals for the Fourth Circuit · 1917

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