Legal Opinion

The Hezekiah Baldwin

District Court, E.D. New York

Decided November 15, 1876PublishedCited by 15 opinions

In admiralty.

1Opinion of the Court

BENEDICT, District Judge.

This is a proceeding in rem taken by a material man to enforce a lien for repairs upon the floating elevator Hezekiah Baldwin. The defence is two-fold.

One defence consists of the proposition that the Hezekiah Baldwin has no means of propulsion and is without capacity for use in navigation, is not enrolled or licensed under any navigation laws of the United States, was. never used in any navigation, and therefore is not a ship or vessel, within the maritime law or any law of the state of New York conferring a lien for repairs.

The proofs in support of this defence show…

2Cases cited1 opinion

  1. Pendleton v. . FranklinNew York Court of Appeals · 1852

3Cited by15 opinions

  1. The Robert W. ParsonsSupreme Court of the United States · 1903
  2. The AlabamaUnited States Circuit Court · 1884
  3. Tebo v. Mayor of New YorkDistrict Court, S.D. New York · 1894
  4. The AlabamaDistrict Court, S.D. Alabama · 1884
  5. The Robert W. ParsonsSupreme Court of the United States · 1903

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