Legal Opinion

Donnell v. Starlight

Massachusetts Supreme Judicial Court

Decided November 15, 1869PublishedCited by 11 opinions

Petition to enforce a lien for labor and materials expended on the steamer Starlight. Trial at April term 1868 of the superior court, before Dewey, J., who reported the case for the determination of this court, substantially as follows : The Starlight was built in Maine in 1866, for Charles Spear, then and ever since a resident of Boston ; and on July 1 of That year was launched and given into his possession ; but, to secure liabilities incurred on behalf of Spear by…

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Petition to enforce a lien for labor and materials expended on the steamer Starlight. Trial at April term 1868 of the superior court, before Dewey, J., who reported the case for the determination of this court, substantially as follows : The Starlight was built in Maine in 1866, for Charles Spear, then and ever since a resident of Boston ; and on July 1 of That year was launched and given into his possession ; but, to secure liabilities incurred on behalf of Spear by Benjamin T. Manson and Edward K. Harding, both residents of Maine, the builder’s certificate was made to them, and the steamer…

1Opinion of the CourtMorton, J.

Several questions arise in this case. 1. The respondents Hanson and Harding contend that the superior court has no jurisdiction of the case, because the subject matter of the petition is within the exclusive maritime jurisdiction of the courts of the United States. It is settled by the authorities, that the courts of a state have jurisdiction to enforce liens, created by its laws, for labor and materials furnished in constructing or repairing domestic vessels. Gen. Sts. c. 151. Maguire v. Card, 21 How. 248, 250. The Belfast, 7 Wallace, 624. McMonagle v. Nolan, 98 Mass. 320. Foster v. The…

2Cases cited5 opinions

  1. Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
  2. Maguire v. CardSupreme Court of the United States · 1859
  3. The Granite StateDistrict Court, D. Massachusetts · 1855
  4. McMonagle v. NolanMassachusetts Supreme Judicial Court · 1867
  5. The FeraxDistrict Court, D. Massachusetts · 1849

3Cited by11 opinions

  1. Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
  2. Jones v. KeenMassachusetts Supreme Judicial Court · 1874
  3. The Island CityDistrict Court, D. Massachusetts · 1869
  4. Worthen v. CleavelandMassachusetts Supreme Judicial Court · 1880
  5. McDonald v. NimbusMassachusetts Supreme Judicial Court · 1884

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