Legal Opinion · Dissent

Old Point Fish Co. v. Haywood

Court of Appeals for the Fourth Circuit

Decided February 7, 1940No. 4563Published

1DissentParker, Circuit Judge

There can be no question but that a sharesman under a fishing lay is entitled to the usual maritime lien for seamen’s wages upon the ship, as well as upon the catch or cargo. 56 C.J. 1065 and cases cited. The seizure of the vessel resulting in a breaking up of the voyage entitles him to any amount previously earned and to damages due to the discharge. The case is not different from any other case of discharge resulting from seizure of the vessel and consequent breaking up of the voyage, as to which see 56 C.J. 968; The Hudson, 12 Fed.Cas. page 805, No. 6,831; Van Beuren v. Wilson, 9 Cow.,…

2Cases cited9 opinions

  1. The Steel TraderSupreme Court of the United States · 1928
  2. Carmona v. The Esteban de AntunanoU.S. Circuit Court for the District of Eastern Louisiana · 1887
  3. The LakeportDistrict Court, W.D. New York · 1926
  4. Dary v. The Caroline MillerDistrict Court, S.D. Alabama · 1888
  5. The Emma F. AngellDistrict Court, E.D. Pennsylvania · 1914

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