The May Queen
District Court, D. Massachusetts
The libellants, the engineer and mate of a tow-boat, sue for wages, and several parties come in as claimants for certain portions of the steamer, and for the proceeds, as mortgagees. Benjamin F. Rogers comes in, by petition, claiming to hold a mortgage, and to be paid the same out of the proceeds.
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The libellants, the engineer and mate of a tow-boat, sue for wages, and several parties come in as claimants for certain portions of the steamer, and for the proceeds, as mortgagees. Benjamin F. Rogers comes in, by petition, claiming to hold a mortgage, and to be paid the same out of the proceeds. M’Kay and Alders also come in, alleging that they put a-boiler into the steamer, which they still own, by virtue of an agreement in writing, of the tenor and effect stated in the opinion of the court, on record at the custom-house, where the steamer is enrolled; that this agreement was made with…
1Opinion of the Court
SPRAGUE, District Judge.
Two questions have been raised. 1st. Whether this service was in its character maritime; and 2d. Whether, if the libellants have a lien upon the vessel, it attaches also to the boiler, notwithstanding the claim of M’Kay and Alders.
As to the first, this steamer is about eighty tons burden, and duly enrolled as an American vessel, was built at Philadelphia, was subsequently found at Bucksport, Maine, and afterwards in Boston. Her employment, during the time which the libellants were on board, was that of a steam tug, towing vessels in and near the harbor of Boston;…
2Cited by6 opinions
- The MinnaDistrict Court, E.D. Michigan · 1882
- McNamara v. The AtlanticDistrict Court, D. South Carolina · 1893
- Myles v. The James H. PrenticeDistrict Court, E.D. Michigan · 1888
- Boylan v. The InternationalDistrict Court, S.D. New York · 1887
- Blowers v. One Wire Rope CableDistrict Court, S.D. New York · 1884
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