Nelligan v. The Idlehour
Court of Appeals for the Second Circuit
This is an appeal from a decree of the district court, Northern district of New York, sustaining a libel filed against the steamer Idlehour under the statutes of the state of New York providing for liens on domestic vessels for supplies, etc. The vessel was an excursion steamer plying in and near the harbor of the city of Buffalo and Niagara river points.
Read the full summary
This is an appeal from a decree of the district court, Northern district of New York, sustaining a libel filed against the steamer Idlehour under the statutes of the state of New York providing for liens on domestic vessels for supplies, etc. The vessel was an excursion steamer plying in and near the harbor of the city of Buffalo and Niagara river points. The owner entered into a contract with one Dewitt 0. Tower, whereby, in consideration of $600, he rented to said Tower, for the' excursion season of 1896, “the restaurant and stand privileges of said steamer Idlehour, said lirivileges to be…
1Opinion of the Court
PEE CURIAM.
We are unable, upon these facts, to concur in the conclusion of the district judge. The state statute reserves a lien in the case of debts contracted by the “master, owner, charterer, builder, or consignee, or the agent of either of them,” but Tower was certainly not in fact such agent. His contract with the owner shows that the restaurant which he conducted was his own independent enterprise, and the circumstance that he agreed to feed the crew at so much per meal does not alter the situation. Kretzmer v. The William A. Levering, 35 Fed. 783; Durando v. Steamboat Co. (City Ct. N.…
2Cases cited4 opinions
- Bovard v. The MayflowerDistrict Court, W.D. Pennsylvania · 1889
- Kretzmer v. The William A. LeveringDistrict Court, D. New Jersey · 1888
- The Sylvan StreamDistrict Court, N.D. New York · 1888
- Durando v. New York & Norwalk Steam-Boat Co.City of New York Municipal Court · 1889