The Saginaw
District Court, E.D. Michigan
On Exceptions to Libel. The libel averred that libelant was the owner of a wharf at Port Hope, one of the regular stopping places of the steamer; that it was customary for the Saginaw to deliver her consignments for that port upon this wharf, subject to her claim for freight and advance charges, which were collected by the libelant, and credited to the steamer; that the steamer, upon the other hand, was charged with such collections for freight and advance charges as were…
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On Exceptions to Libel. The libel averred that libelant was the owner of a wharf at Port Hope, one of the regular stopping places of the steamer; that it was customary for the Saginaw to deliver her consignments for that port upon this wharf, subject to her claim for freight and advance charges, which were collected by the libelant, and credited to the steamer; that the steamer, upon the other hand, was charged with such collections for freight and advance charges as were paid over, with .dockage, and also for merchandise, (salt and hay,) which libelant was accustomed to turn over to the…
1Opinion of the CourtBrown, J.
This libel is for the balance of an account between a wharfinger and a steam-boat, and is clearly not maintainable. The items of libelant’s claim are (1) for freight collected for the steamer, and paid over to her, for which there is clearly no lien, even if more were paid than was due; (2) for wharfage; and (S) for merchandise delivered to the steamer, to be disposed of and the proceeds credited to the libelant.
The last item I held not to be a lien in The New Hampshire, 21 Fed. Rep. 924.
Perhaps the items for wharfage might be a lien under the state law, if the suit were for a wharfage alone;…
2Cases cited2 opinions
- Minturn v. MaynardSupreme Court of the United States · 1855
- The LarchDistrict Court, D. Maine · 1855
3Cited by1 opinion
- Swift v. KnowlesCourt of Appeals for the Fifth Circuit · 1939