The Lucille
District Court, S.D. Alabama
In Admiralty. Suit by Gust Nelson and others against the launch Lucille. On exceptions to report of special commissioner on claims of the S. M. Jones Company and the Texas Company.
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In Admiralty. Suit by Gust Nelson and others against the launch Lucille. On exceptions to report of special commissioner on claims of the S. M. Jones Company and the Texas Company. The launch Lucille was libeled on March 18, 1913, by one Nelson for wages, and a number of intervening libels were filed, among which were those of the S. M. Jones Company, for machinery, and of the Texas Company, for gasoline, oil, etc., furnished said launch; both claiming a lien for materials, supplies, etc. The launch having been sold and the purchase money paid into court, a reference was made to a…
1Opinion of the Court
TOULMIN, District Judge.
Prior to the enactment of the Act of June 23, 1910, c. 373, 36 Stat. 604, there was no' lien given by the general maritime law on a domestic vessel for repairs, supplies, or other necessaries furnished her in her home port. P>ut that act created a new legal liability giving such lien. U. S. Comp. St. Supp. 1911, p. 1192.
No lien was given by the general maritime law to materialmen for supplies, etc., furnished a vessel in her home port, because in that case, according to the generally accepted theory, the presumption was that credit was given to the owner and not to the…
2Cases cited5 opinions
- The LottawannaSupreme Court of the United States · 1875
- Ely v. Murray & Tregurtha Co.Court of Appeals for the First Circuit · 1912
- Neafie & Levy Ship & Engine Building Co. v. The EllaDistrict Court, D. Delaware · 1897
- The D. B. SteelmanDistrict Court, E.D. Virginia · 1880
- Cuddy v. ClementCourt of Appeals for the First Circuit · 1902
3Cited by9 opinions
- Equilease Corp. v. M/V SampsonCourt of Appeals for the Fifth Circuit · 1986
- The YankeeCourt of Appeals for the Third Circuit · 1916
- Johnston, Administratrix v. EcordSupreme Court of Kansas · 1966
- The Dredge A.District Court, E.D. North Carolina · 1914
- Keogh v. Chicago & N. W. Ry. Co.Court of Appeals for the Seventh Circuit · 1921
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