McDonald v. Nimbus
Massachusetts Supreme Judicial Court
Petition, inserted in a writ dated October 31,1881, to enforce a lien on a vessel. The case was submitted to the Superior Court, and, after judgment for the petitioner, to this court on appeal, upon agreed facts, in substance as follows: The schooner Nimbus was built at Bath, Maine, in the years 1876 and 1877, by Deering and Donnell of that place, under a contract with Leonard Walen, of Gloucester, in this Commonwealth, and from plans and specifications furnished by him.
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Petition, inserted in a writ dated October 31,1881, to enforce a lien on a vessel. The case was submitted to the Superior Court, and, after judgment for the petitioner, to this court on appeal, upon agreed facts, in substance as follows: The schooner Nimbus was built at Bath, Maine, in the years 1876 and 1877, by Deering and Donnell of that place, under a contract with Leonard Walen, of Gloucester, in this Commonwealth, and from plans and specifications furnished by him. This contract covered only the hull and spars of the vessel, and did not include the rigging. The hull was completed, the…
1Opinion of the CourtField, J.
We do not find it necessary to determine whether, under the existing decisions of the Supreme Court of the United States, and the existing admiralty rules, this court has jurisdiction to enforce a lien created by the statutes of the Commonwealth for materials used or labor performed in repairing a domestic vessel. See Donnell v. The Starlight, 103 Mass. 227; Foster v. The Richard Busteed, 100 Mass. 409; The Lottawanna, 21 Wall. 558, 580; The Guiding Star, 9 Fed. Rep. 521, and 18 Fed. Rep. 263; Stewart v. Potomac Ferry Co. 5 Hughes, 372; The Woolsey, 3 Fed. Rep. 457, and 4 Fed. Rep. 552;…
2Cases cited10 opinions
- The LottawannaSupreme Court of the United States · 1875
- Edwards v. ElliottSupreme Court of the United States · 1874
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Roach v. ChapmanSupreme Court of the United States · 1860
- Young v. OrpheusMassachusetts Supreme Judicial Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- American Trust Co. v. W. & A. Fletcher Co.Court of Appeals for the First Circuit · 1909
- Green Bay Lumber Co. v. MillerSupreme Court of Iowa · 1895
- Otis Elevator Co. v. LongMassachusetts Supreme Judicial Court · 1921
- Atlantic Works v. Tug GlideMassachusetts Supreme Judicial Court · 1893
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