Legal Opinion

Appeal of Milwaukee Dry Dock Co.

Court of Appeals for the Seventh Circuit

Decided October 7, 1895No. 191PublishedCited by 8 opinions

Appeal from tbe District Court of the United States for the Northern District of Illinois. This was a libel by Frank Hoffman against the steam propeller Nebraska to enforce a lien for supplies. Various parties intervened, asserting claims against tbe vessel, among them the Milwaukee Dry Dock Company.

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Appeal from tbe District Court of the United States for the Northern District of Illinois. This was a libel by Frank Hoffman against the steam propeller Nebraska to enforce a lien for supplies. Various parties intervened, asserting claims against tbe vessel, among them the Milwaukee Dry Dock Company. This company tiled exceptions to the order of distribution recommended by tbe master’s report, and the exceptions being overruled, and a decree being entered, postponing its claim to others which absorbed all the proceeds (61 Fed. 514), it appealed the cause to this court. ' In April, 1892, the…

1Opinion of the CourtJenkins, Circuit Judge

Upon the assumption that the contract with respéct to the repairs and alterations of the Nebraska was maritime in character, and that by express agreement with the owner the appellant was accorded a maritime lien upon the vessel therefor,—questions which we do not determine,—and that the work was performed in a foreign port, we are yet of the opinion that the appellant, under the circumstances of the case, ought not to be permitted to share in the distribution of the proceeds arising from the sale of the vessel, upon equality with claims subsequently arising against the vessel. There are…

2Cases cited23 opinions

  1. Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
  2. The Key CitySupreme Court of the United States · 1872
  3. The KimballSupreme Court of the United States · 1866
  4. The Bird of ParadiseSupreme Court of the United States · 1867
  5. The Emily SouderSupreme Court of the United States · 1873

18 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. The FalconDistrict Court, D. Maryland · 1927
  2. The Samuel LittleCourt of Appeals for the Second Circuit · 1915
  3. Oil Shipping (Bunkering) B.V. v. Sonmez Denizcilik Ve Ticaret A.S.Court of Appeals for the Third Circuit · 1993
  4. The EdithDistrict Court, W.D. Washington · 1914
  5. The NebraskaCourt of Appeals for the Seventh Circuit · 1895

3 more not listed; retrieve them via the Exa API.

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