Legal Opinion

Learned v. Brown

Court of Appeals for the Fifth Circuit

Decided May 31, 1899No. 814PublishedCited by 20 opinions

Appeal from the .District Court of the United States for the Eastern DLskic.t of Louisiana. From April, 1898, to the 22d day of September, 1898, the steamboat Liberty, owned by VT. P. Auc-oin and J. P. UfoKtroy, resident citizens of the state of Louisiana, with headquarters at New Orleans, was running In the Bayou Lafourche irado, making frequent short trips, wholly within the state of Louisiana.

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Appeal from the .District Court of the United States for the Eastern DLskic.t of Louisiana. From April, 1898, to the 22d day of September, 1898, the steamboat Liberty, owned by VT. P. Auc-oin and J. P. UfoKtroy, resident citizens of the state of Louisiana, with headquarters at New Orleans, was running In the Bayou Lafourche irado, making frequent short trips, wholly within the state of Louisiana. On the last-mentioned date she was seized on an admiralty warrant under a libel filed by a seaman for wages. On the 24 th day of October, 1898, the Liberty, her tackle, apparel, engines, furniture,…

1Opinion of the Court

After stating the facts, the opinion of the court was delivered by

PABDEE, Circuit Judge.

The owners of the steamboat Liberty being resident citizens' of the state of Louisiana, with headquarters at New Orleans, the port of New Orleans must be treated as the home port of the vessel. See The Thomas Fletcher, 24 Fed. 375; The Bapid Transit, 11 Fed. 322. The privileges asserted by the material men involved in this appeal are for supplies and materials furnished in the home port, which, under general maritime law. are presumed to have been furnished upon the credit of the owners, and no maritime…

2Cases cited19 opinions

  1. Stillwell v. . StaplesNew York Court of Appeals · 1859
  2. Kellum v. EmersonU.S. Circuit Court for the District of Massachusetts · 1854
  3. Grant v. FiolSupreme Court of Louisiana · 1841
  4. Thayer v. GoodaleSupreme Court of Louisiana · 1832
  5. Blanchin v. Steamer FashionSupreme Court of Louisiana · 1855

14 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Equilease Corp. v. M/V SampsonCourt of Appeals for the Fifth Circuit · 1986
  2. The ShowboatDistrict Court, D. Massachusetts · 1930
  3. Graeme Spring & Brake Service, Inc. v. De FeliceLouisiana Court of Appeal · 1957
  4. Equilease Corp. v. M/V SAMSONDistrict Court, E.D. Louisiana · 1983
  5. Payne v. SS Tropic BreezeDistrict Court, D. Puerto Rico · 1967

15 more not listed; retrieve them via the Exa API.

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