New Bedford Dry Dock Co. v. Purdy
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. Appeal from a decree of the District Court dismissing a libel to recover damages and enforce a lien for repairs. The identity of the car-float was completely lost by the conversion into an amusement steamer. Mere identity of hull is not sufficient to preserve the identity of the vessel.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. Appeal from a decree of the District Court dismissing a libel to recover damages and enforce a lien for repairs. The identity of the car-float was completely lost by the conversion into an amusement steamer. Mere identity of hull is not sufficient to preserve the identity of the vessel. McMaster v. One Dredge, 95 Fed. 832; The Dredge A, 217 Fed. 617, 629, 630; Thames Towboat Co. v. The “ Francis McDonald,” 254 U. S. 242. The work done was not to repair, reconstruct, or furnish anything to the steamer “…
1Opinion of the CourtJustice McReynolds
delivered.the opinion of the court.
Claiming a lien under Act of Congress approved June 23, 1910, c. 373, 36 Stat. 604, 1 and seeking to recover for work done and supplies furnished in pursuance of a contract with the owner of the “ Jack-O-Lantern,” appellant libeled the vessel. The libel was dismissed for lack of jurisdiction. If the agreement between the parties is maritime there was jurisdiction, otherwise there was none.
The facts are not in dispute. They were stated as follows by the District Court:
“ The Jack-O-Lantern was originally a car float of the usual type, something over 200 feet…
2Cases cited4 opinions
- Piedmont & Georges Creek Coal Co. v. Seaboard Fisheries Co.Supreme Court of the United States · 1920
- Thames Towboat Co. v. the Schooner "Francis McDonald"Supreme Court of the United States · 1920
- The Dredge A.District Court, E.D. North Carolina · 1914
- McMaster v. One DredgeDistrict Court, D. Oregon · 1899
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- Southwest Marine Incorporated v. Richard Danzig 1 , Secretary of the NavyCourt of Appeals for the Ninth Circuit · 2000
- La Esperanza De P.R., Inc. v. Perez Y Cia. De Puerto Rico, Inc.Court of Appeals for the First Circuit · 1997
- Cti-Container Leasing Corporation v. Oceanic Operations CorporationCourt of Appeals for the Second Circuit · 1982
- Moores's CaseMassachusetts Supreme Judicial Court · 1948
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