Davidson v. Baldwin
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. The record includes three libels in personam, filed by persons doing repairs or furnishing material to the tug Sea Gull, for which it is sought to make the appellee, Stephen Baldwin, liable as owner. These libelants were James Davidson, the Bay Gity Iron Company, and Charles and William If. Jennison.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. The record includes three libels in personam, filed by persons doing repairs or furnishing material to the tug Sea Gull, for which it is sought to make the appellee, Stephen Baldwin, liable as owner. These libelants were James Davidson, the Bay Gity Iron Company, and Charles and William If. Jennison. The record also includes a libel filed by James Murdock, who seeks to recover his wages as master of the Sea Gull. All of these libels were by agreement consolidated and heard together. The facts necessary to…
1Opinion of the Court
LURTON, Circuit Judge,
after making the foregoing statement of facts, delivered tlie opinion of the court.
Under general maritime law, there would be no lien upon the ship for repairs made on order of her mast*:’* at a home port. Tlie General Smith, 4 Wheat. 443; The Lottawanna, 21 Wall. 559; The Edith. 94 U. S. 518; The Samuel Marshall, 6 U. S. App. 389, 4 C. C. A. 385, and 54 Fed. 396. The repairs made which' constitute the basis Cor the claims here asserted were made at Bay City, a port within the state of the residence of Baldwin, the person sought: to be made liable as owner. Bay City Avas…
2Cases cited9 opinions
- The J. E. RumbellSupreme Court of the United States · 1893
- The "Edith."Supreme Court of the United States · 1877
- Pittman v. The Samuel MarshallCourt of Appeals for the Sixth Circuit · 1893
- Morgan's Assignees v. ShinnSupreme Court of the United States · 1873
- Wendover & Hinton v. HogeboomNew York Supreme Court · 1810
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- The Boise PenroseCourt of Appeals for the Second Circuit · 1927
- The SueDistrict Court, E.D. North Carolina · 1905
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