Legal Opinion

The Havana

Court of Appeals for the Third Circuit

Decided February 6, 1899No. 25PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Eastern District of Pennsylvania. This is a libel in rem by William E. Woodall & Co. against the steamboat Havana and another, to recover a balance due for repairs. The libel was dismissed (87 Fed. 487), and libelants appeal. Affirmed.

1Opinion of the Court

DALLAS, Cirquit Judge.

By the libel in this casé it was sought to enforce an asserted lien against the steamship Havana for ,a balance due for repairs which were ordered by her managing owner, and were made by the appellants, at Baltimore, which was not her home port. The court below dismissed the libel upon the ground that the facts did not sustain the claim of lien (87 Fed. 487), and we think it was right. “In the absence of an agreement, express or implied, for a lien, a contract for supplies [or for repairs] made directly with the owner in person is to be taken as made on his ordinary…

2Cases cited10 opinions

  1. The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
  2. The ValenciaSupreme Court of the United States · 1897
  3. The GrapeshotSupreme Court of the United States · 1870
  4. Thomas v. OsbornSupreme Court of the United States · 1856
  5. Herreshoff Manuf'g Co. v. The Now ThenCourt of Appeals for the Third Circuit · 1893

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3Cited by7 opinions

  1. Great Lakes Towing Co. v. Mill Transp. Co.Court of Appeals for the Sixth Circuit · 1907
  2. Cuddy v. ClementCourt of Appeals for the First Circuit · 1902
  3. The UnderwriterDistrict Court, D. Massachusetts · 1902
  4. Woodall v. DempseyDistrict Court, E.D. Pennsylvania · 1900
  5. Morris v. BartlettCourt of Appeals for the Third Circuit · 1901

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

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