Foster v. Richard Busteed
Massachusetts Supreme Judicial Court
Petition filed July 29,1867, to enforce liens for labor performed in the construction of the ship Richard Busteed at Quincy in 1857; submitted to the judgment of the superior court on an agreed statement of facts which, after referring to the pleadings, continued as follows: “ It is admitted that the allegations in said petition and the accounts thereto annexed are correct; and that the prayer of the petitioners should be granted, unless the court otherwise decide upon the…
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Petition filed July 29,1867, to enforce liens for labor performed in the construction of the ship Richard Busteed at Quincy in 1857; submitted to the judgment of the superior court on an agreed statement of facts which, after referring to the pleadings, continued as follows: “ It is admitted that the allegations in said petition and the accounts thereto annexed are correct; and that the prayer of the petitioners should be granted, unless the court otherwise decide upon the following facts: The services referred to in this case were completed, and the amount claimed therefor became payable…
1Opinion of the CourtFostee, J.
The statutes of this Commonwealth, giving a lien on a ship or vessel, for labor performed and materials furnished in its construction, are regarded by this court as constitutional and valid enactments, and have been recognized to be so in numerous decisions. Tyler v. Currier, 10 Gray, 54. Rogers v. Currier, 13 Gray, 139. Gove v. Prince, 3 Allen, 311. The liens created by them have been enforced in admiralty by district and circuit courts of the United States presided over by very eminent judges. Hawes v. Mitchell, 15 Gray, 334. The Richard Busteed, 1 Sprague, 441. The Kiersage, 3 Curtis C. C.…
2Cases cited5 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Ableman v. BoothSupreme Court of the United States · 1859
- James L. v. CarrylSupreme Court of the United States · 1858
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- The Richard BusteedDistrict Court, D. Massachusetts · 1858
3Cited by64 opinions
- Bluefields S. S. Co. v. United Fruit Co.Court of Appeals for the Third Circuit · 1917
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Cook v. BurnleyTexas Supreme Court · 1876
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Callaway v. IrvinSupreme Court of Georgia · 1905
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