Brig E. A. Barnard
U.S. Circuit Court for the District of Eastern Pennsylvania
in Admiralty. Exceptions to report of commissioner appointed to report as to the distribution of the proceeds of the sale of a vessel under admiralty process. The brig E. A. Barnard was registered at St. Andrews, New Brunswick, and sailed under the British flag, but was owned by her master, S. P. Willeby, who resided at Philadelphia. In the spring of 1879, upon the return of the vessel from a voyage to the Mediterranean, she had extensive repairs made to her at Philadelphia.
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in Admiralty. Exceptions to report of commissioner appointed to report as to the distribution of the proceeds of the sale of a vessel under admiralty process. The brig E. A. Barnard was registered at St. Andrews, New Brunswick, and sailed under the British flag, but was owned by her master, S. P. Willeby, who resided at Philadelphia. In the spring of 1879, upon the return of the vessel from a voyage to the Mediterranean, she had extensive repairs made to her at Philadelphia. In May, 1879, while she was still at Philadelphia, and loading for Oporto, a libel was filed against her by Thurlow &…
1Opinion of the Court
Butler, D. J.
The exception filed by Grace & Linderman, stevedores, must be dismissed. I agree with the learned commissioner that such services do not create a lien. This view is, I believe, consistent with the uniform practice in this district, and with all the American cases, except that of The George T. Kemp, 2 Lowell, 477, in which the vessel was held to be foreign, and the decision put on that ground. As is said in The A. R. Dunlap, 1 Lowell, 350, the reason given for holding'that such contracts are not maritime is not satisfactory, because the contracts of material men are not more so.…
2Cases cited10 opinions
- The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- The Steamer St. LawrenceSupreme Court of the United States · 1862
- The George T. KempDistrict Court, D. Massachusetts · 1876
- The AmericaDistrict Court, N.D. New York · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robinson v. The C. VanderbiltDistrict Court, E.D. New York · 1898
- Williams v. The SiriusDistrict Court, N.D. California · 1895
- The FortunaDistrict Court, W.D. Washington · 1913
- Pond v. The Hattie ThomasDistrict Court, D. Connecticut · 1894
- The SinaloaDistrict Court, N.D. California · 1913
6 more not listed; retrieve them via the Exa API.