Carter v. The Byzantium
U.S. Circuit Court for the District of Maine
[Appeal from the district court of the United States for the district of Maine.] In admiralty. This was an admiralty appeal. The schooner Byzantium, owned by parlies residing in the state of Maine, arrived at Norfolk, Virginia, in need of repairs and supplies in order to enable her to proceed in safety to her port of destination. At the request of the master, the libellant [David Carter] furnished the necessary supplies and materials and paid for the repairs.
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[Appeal from the district court of the United States for the district of Maine.] In admiralty. This was an admiralty appeal. The schooner Byzantium, owned by parlies residing in the state of Maine, arrived at Norfolk, Virginia, in need of repairs and supplies in order to enable her to proceed in safety to her port of destination. At the request of the master, the libellant [David Carter] furnished the necessary supplies and materials and paid for the repairs. When the vessel was refitted, the master drew two bills of exchange on one of the owners in Maine, in favor of the libellant, for the…
1Opinion of the Court
CLIFFORD, Circuit Justice.
It is insisted by the respondent that the bills of exchange were received by the libellant in payment of the debt contracted for the repairs and supplies, and that the effect of the transaction, under the law of Maine, was to extinguish the original debt, and of course to discharge the maritime lien upon the vessel. The proposition assumes that the transaction is governed by the law of Maine, where the bills were accepted, and not by the law of Virginia, where they were drawn and received by the libellant. When a party, bound to a simple contract debt, gives his own…
2Cases cited4 opinions
- Fowler v. LudwigSupreme Judicial Court of Maine · 1852
- Hervey v. HarveySupreme Judicial Court of Maine · 1839
- Wilkins v. ReedSupreme Judicial Court of Maine · 1829
- Descadillas v. HarrisSupreme Judicial Court of Maine · 1832