Smith v. Eastern Railroad
U.S. Circuit Court for the District of Massachusetts
This was an appeal from a decree of the district court. The cause was heard on an agreed statement of facts, which w7as as follows: “The libel in this cause was filed in the district court of Massachusetts, on the 19th of August, 1851. by the libellants [Oliver Smith and others], copartners, and dealers in lumber, to enforce a lien claimed by them upon the steamboat owned by the respondents.
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This was an appeal from a decree of the district court. The cause was heard on an agreed statement of facts, which w7as as follows: “The libel in this cause was filed in the district court of Massachusetts, on the 19th of August, 1851. by the libellants [Oliver Smith and others], copartners, and dealers in lumber, to enforce a lien claimed by them upon the steamboat owned by the respondents. Judgment was entered against the respondents by consent, and thereupon they entered an appeal to this court. The case is submitted on the following facts: On or about the 18th of February, 1831, said boat…
1Opinion of the Court
CURTIS, Circuit Justice.
The lien asserted by the libellants depends for its validity upon the construction of the act of the legislature of Massachusetts, passed on the 9th day of May, 1848, entitled, “An act establishing a lien on ships and vessels in certain cases.” The principal question is, whether by this act it was intended to create a lien, for the security of a debt, incurred for materials sold to one, who had entered into a contract with the owner of the vessel, to make certain repairs for an agreed sum of money, to be paid to him by the owner, of which contract the vendor of the…
2Cited by1 opinion
- Merritt v. MorseCourt of Appeals for the Second Circuit · 1895