The Melissa
District Court, E.D. Michigan
Libel for wages. The libel was filed October G, 1873, and is based upon a due bill for $44.75, for services as seaman in the season of 1871, bearing date June 3d of that year.
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Libel for wages. The libel was filed October G, 1873, and is based upon a due bill for $44.75, for services as seaman in the season of 1871, bearing date June 3d of that year. The answer ignores the facts alleged as to the services rendered, and the giving of the due bill, and alleges the purchase of the scow in 1873 by the claimants; that the scow was within the jurisdiction of the court during the whole time between the giving of the due bill and the claimant’s purchase, and therefore, as to them, libellant’s claim has become stale, and is no longer a lien upon the vessel. No other defense…
1Opinion of the Court
LONGYEAR, District Judge.
In order to maintain the defense of stale claim it is necessary to allege and prove that the respondents are purchasers in good faith, for a valuable consideration, and without notice of the existence of the claim. The answer con*1330tains none of these allegations. The defense set lip might, therefore, he overruled, without further remark. But as proofs were taken as though the defense had been sufficiently alleged, the case will be considered briefly in view of what was proven. The proofs show that the claimants bought the vessel of one Brown, April 8, 1873, for $1,425,…
2Cases cited1 opinion
- In re JonesDistrict Court, W.D. Wisconsin · 1874
3Cited by1 opinion
- In re FortunatoDistrict Court, D. Delaware · 1925