Legal Opinion

The Mildred

U.S. Circuit Court for the District of Eastern Michigan

Decided July 23, 1890PublishedCited by 6 opinions

In Admiralty. On petition of James M. McCormick for surrender of steam-pump and other wrecking outfit. Petitioner set forth that he Avas the sole owner of a wrecking outfit, consisting of one Buffalo duplex fire-pump, 1,000 feet of hose, one steam syphon and hose connection; that in June, 1887, he leased the same to the OAvner of the Mildred, one Laura W. Shaw, for the sum of 198 per year, to be used upon the tug Fish, and afterwards upon the tug Mildred, of which Shaw Avas…

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In Admiralty. On petition of James M. McCormick for surrender of steam-pump and other wrecking outfit. Petitioner set forth that he Avas the sole owner of a wrecking outfit, consisting of one Buffalo duplex fire-pump, 1,000 feet of hose, one steam syphon and hose connection; that in June, 1887, he leased the same to the OAvner of the Mildred, one Laura W. Shaw, for the sum of 198 per year, to be used upon the tug Fish, and afterwards upon the tug Mildred, of which Shaw Avas the owner; that said owner has no interest in such outfit except as lessee; that the marshal seized said outfit while…

1Opinion of the CourtBrown, J.

There is no question that under a bill of sale'or attachment against a vessel, “her boats, tackle, apparel, and furniture,” everything passes which is on board the ship, and used for the business in which she is engaged, if it belongs to the owners. 1 Pars. Shipp. & Adm. 78. " The question in this case is whether the word “apparel” or “appurtenances” applies to property which has been hired for the use of the vessel. There is a singular want of authority upon this question, the one in point being that of The Edwin Post, 11 Fed. Rep. 603, in which' it was held that a wrecking apparatus passed…

2Cases cited3 opinions

  1. Manwaring v. JenisonMichigan Supreme Court · 1886
  2. Crippen v. MorrisonMichigan Supreme Court · 1864
  3. Ferris v. QuimbyMichigan Supreme Court · 1879

3Cited by6 opinions

  1. The HopeDistrict Court, D. Massachusetts · 1911
  2. United States v. F/V Golden DawnDistrict Court, E.D. New York · 1963
  3. First Nat. Bank & Trust Co., Etc. v. Oil Screw, Etc.District Court, W.D. Michigan · 1973
  4. Stewart & Stevenson Services, Inc v. the M/V Chris Way MacMillanDistrict Court, N.D. Mississippi · 1995
  5. The HirondelleDistrict Court, S.D. Alabama · 1937

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