American Express Co. v. United States

ROSE, Circuity Judge.

In the opinion of the learned judge who heard this case below, and which under the caption of The Hoxie is reported in 291 Fed. 599, nearly all the legally material facts are sufficiently stated. Two questions of much interest and importance have been ably argued before us The first is: Does the creation of a maritime lien for supplies depend upon the law of the port at which they were furnished, as was held in The Scotia (D. C.) 35 Fed. 907, in the Kaiser Wilhelm II (D. C.) 230 Fed. 717, and in the Woudrichem (D. C.) 278 Fed. 568, or upon that o„f the ship’s flag, as was…