The Larch
U.S. Circuit Court for the District of Maine
This was an appeal from a decree of the district court which established a lien on the brig Larch for expenditures made by the master and part owner. [Case No. 8,086.] The facts briefly were, that Haskell, being master and owner of one half of the brig, contracted, in the autumn of 1853, with his co-owner to take and employ her, on shares, in the business of freighting. From the autumn of 1853 the brig was variously employed and carried freight.
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This was an appeal from a decree of the district court which established a lien on the brig Larch for expenditures made by the master and part owner. [Case No. 8,086.] The facts briefly were, that Haskell, being master and owner of one half of the brig, contracted, in the autumn of 1853, with his co-owner to take and employ her, on shares, in the business of freighting. From the autumn of 1853 the brig was variously employed and carried freight. In October, 1854, she sailed from Pictou with a cargo of coal, bound for Nantucket, got ashore and was found to be seriously injured . by worms.…
1Opinion of the Court
CURTIS, Circuit Justice.
The libellant asserts a lien on this vessel for his disbursements in three, capacities, — as master, as part owner and ship’s husband, and as charterer.
First, as master. The question is, whether for disbursements made by the master abroad, he has a lien. It is definitely settled in England that he has not. In Smith v. Plummer, 1 Barn. & Ald. 575, the cases are reviewed, and the decision then made is considered to have fixed the law of that country. Atkinson v. Cotesworth, 3 Barn. & C. 647; Gibson v. Ingo, 6 Hare, 112; Abb. Shipp. 420. It is said by Chancellor Kent (3…
2Cases cited6 opinions
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ingersoll v. Van BokkelinNew York Supreme Court · 1827
- Lewis v. HancockMassachusetts Supreme Judicial Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Carmona v. The Esteban de AntunanoU.S. Circuit Court for the District of Eastern Louisiana · 1887
- Struthers & Dixon, Inc. v. Green Star S. S. Corp.Court of Appeals for the Fourth Circuit · 1923
- The KalfarliCourt of Appeals for the Second Circuit · 1921
- GydaDistrict Court, D. Maine · 1916
- The John E. MulfordDistrict Court, S.D. New York · 1883
7 more not listed; retrieve them via the Exa API.