The C. W. Moore
District Court, E.D. Wisconsin
In Admiralty. Libel in rem for rent of wharf on contract with charterer of the steamer. The steamer O. W. Moore was and is owned by Hart Steamboat bine, a Wisconsin corporation; and the home port of the steamer was Green Bay, Wis., and so shown in connection with the name painted upon the stern of the boat.
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In Admiralty. Libel in rem for rent of wharf on contract with charterer of the steamer. The steamer O. W. Moore was and is owned by Hart Steamboat bine, a Wisconsin corporation; and the home port of the steamer was Green Bay, Wis., and so shown in connection with the name painted upon the stern of the boat. The owners chartered the steamer to McKernan & Brubaker, of Chicago, on Juno 3, 1899, and by the terms of' the charter party the charterers were to man and furnish the steamer, keep her free from liens; and bond was given to provide against lien claims. During the preceding month the…
1Opinion of the Court
SEAMAN, District Judge.
The libelant furnished his wharf for the use of the steamer at the home port of the charterers, and under their personal contract of rental for the season; and the claim of lien against the vessel rests alone upon the maritime nature of the contract, and the fact of use by the vessel, with no exigency or special circumstance to create the need for an implied hypothecation. The contention in support of the libel is this: That wharfage dues are not only entitled to a maritime lien, hut are so far distinguishable from claims of material men for repairs and supplies…
2Cases cited10 opinions
- Ex Parte EastonSupreme Court of the United States · 1877
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- The ValenciaSupreme Court of the United States · 1897
- The KateSupreme Court of the United States · 1896
- Pittman v. The Samuel MarshallCourt of Appeals for the Sixth Circuit · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frontera Fruit Co. v. DowlingCourt of Appeals for the Fifth Circuit · 1937
- Guffey v. Alaska & P. S. S. Co.Court of Appeals for the Ninth Circuit · 1904
- Northwestern Fuel Co. v. Dunkley-Williams Co.Court of Appeals for the Seventh Circuit · 1909