City of Tawas
District Court, E.D. Michigan
In Admiralty. On exceptions to clerk’s report classifying claims. The city of Tawas was originally attached upon the libel of Thomas Pitts and John E. Grillett for a towage claim of small amount. Over 30 intervening libols were filed, and the vessel was sold for a sum insufficient to pay the claims against her in full.
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In Admiralty. On exceptions to clerk’s report classifying claims. The city of Tawas was originally attached upon the libel of Thomas Pitts and John E. Grillett for a towage claim of small amount. Over 30 intervening libols were filed, and the vessel was sold for a sum insufficient to pay the claims against her in full. Reference having been made to the clerk to mashal the claims, he divided them into three classes: (1) Seamen’s wages; (2) towage and dockage; (3) repairs and materials furnished in the home port, for which a lien is given by the laws of this state. To this report the following…
1Opinion of the Court
Brown, D. J.
The subject of marshalling liens in admiralty is one which, unfortunately, is left in great obscurity by the authorities. Many of the rules deduced from the English cases seems inapplicable here. So, also, the principles applied where the contest is between two or three libellants would result in great confusion in cases where 50 or 60 libels are filed against the same vessel. The American authorities, too, are by no means harmonious, and it is scarcely too much to say that each court is a law unto itself.
The order in which liens are paid depends upon four contingencies: (1) The…
2Cases cited1 opinion
- The AmericaDistrict Court, N.D. New York · 1853
3Cited by14 opinions
- Loud v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- The NisseqogueDistrict Court, E.D. North Carolina · 1922
- The Samuel LittleCourt of Appeals for the Second Circuit · 1915
- City of Erie v. S. S. North AmericanDistrict Court, W.D. Pennsylvania · 1967
- In Re MooreDistrict Court, E.D. Michigan · 1968
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