Legal Opinion

The Arthur B.

District Court, D. Alaska

Decided December 14, 1901No. 50aPublished

By charter party contract entered into at Nome, Alaska, between the general manager of the Alaska & Chicago Commercial Company and Minor Bruce, the latter chartered the schooner Arthur B. under date of May 14, 1901, for the summer season. The contract was made between the parties at Nome, and it is recited in the charter that the schooner was then lying on the beach near Nome, Alaska.

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By charter party contract entered into at Nome, Alaska, between the general manager of the Alaska & Chicago Commercial Company and Minor Bruce, the latter chartered the schooner Arthur B. under date of May 14, 1901, for the summer season. The contract was made between the parties at Nome, and it is recited in the charter that the schooner was then lying on the beach near Nome, Alaska. From the record in this case it appears that the owners as well as the charterer and the libelants were all residents of Nome, and that the schooner was then lying on the beach in front of Nome, where she had…

1Opinion of the Court

WICKERSHAM, District Judge.

There is no statutory provision in the Code of Alaska upon the subject of maritime *355liens. There is no finding that the owner and charterer are residents of Nome, but that fact appears from the record, and it seems for that reason that this is the home port of the schooner, and that she rested upon the beach within the city limits at the time the service was performed. The court is not cited to any authority which holds that the services admittedly performed by these libelants would constitute a maritime or any lien against the vessel. Counsel cites the case of Frame…

2Cases cited5 opinions

  1. Robinson v. The C. VanderbiltDistrict Court, E.D. New York · 1898
  2. Herreshoff Manuf'g Co. v. The Now ThenCourt of Appeals for the Third Circuit · 1893
  3. Neafie & Levy Ship & Engine Building Co. v. The EllaDistrict Court, D. Delaware · 1897
  4. The Mary MorganDistrict Court, E.D. Pennsylvania · 1886
  5. Frame v. The EllaDistrict Court, E.D. Virginia · 1880

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