Legal Opinion

The Kingston

District Court, D. New Jersey

Decided March 4, 1885PublishedCited by 3 opinions

Libel in ran. The libel is filed in this case against the ferry-boat Kingston, to recover for materials furnished and work done upon the said steamer while she was in the course of construction at Newburgh, in the state of New York, and after she was launched and removed to Weohawkon, in the state of Now Jersey.

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Libel in ran. The libel is filed in this case against the ferry-boat Kingston, to recover for materials furnished and work done upon the said steamer while she was in the course of construction at Newburgh, in the state of New York, and after she was launched and removed to Weohawkon, in the state of Now Jersey. The libel alleges that in the year 1883 the said ferry-boat, being then at Newburgh, in the state of New York, and being in need of certain appliances and machinery for electric lighting, the libelant, at the request of the owners or authorized agents of said ferry-boat, did agree to…

1Opinion of the CourtNixon, J.

1. Does a lien exist under the general maritime law? The libel admits, the answers claim, and the testimony shows that the materials were furnished and the labor performed under a formal written contract, executed in New York, between the libelant and the owner of the boat then in the course of construction, and not yet finished, or documented in any custom-house. I will not stop here to inquire whether any maritime lien can be implied for materials and labor furnished to a vessel thus circumstanced, with neither enrollment nor license, and not yet ready for employment in commerce or…

2Cited by3 opinions

  1. The Mary F. ChisholmDistrict Court, D. Maine · 1904
  2. Conery v. DelahoussayeCourt of Appeals for the Fifth Circuit · 1896
  3. The RoanokeDistrict Court, E.D. New York · 1900

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