The General Burnside
U.S. Circuit Court for the District of Eastern Michigan
In Admiralty. On exceptions to the commissioner’s' report of the classifition of claims. It was referred to the clerk of this court, as commissioner, to classify the claims and report the order in which they should be paid.
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In Admiralty. On exceptions to the commissioner’s' report of the classifition of claims. It was referred to the clerk of this court, as commissioner, to classify the claims and report the order in which they should be paid. By the report made in compliance with this order it appeared that certain claims for repairs and supplies furnished in Canadian ports were placed in the second class, before other claims for like repairs and supplies furnished at Detroit and other places in Michigan, which were placed in the third class. The Burnside was owned in Detroit, and was therefore a domestic…
1Opinion of the Court
Brown, D. J.
The sole question presented by the exceptions is whether claims for necessaries furnished in foreign ports are entitled to be paid in preference-to those furnished in a *229port of the state where the vessel is owned, for which a lien is given only by the state law, or whether they should share alike and be paid pro rata. The gist of the argument contained in the very elaborate brief of Mr. Speed is to the effect that while there is no lien by the general law maritime as administered in this country, for necessaries furnished in the home port, such lien may be created by the state…
2Cases cited6 opinions
- The LottawannaSupreme Court of the United States · 1875
- The BelfastSupreme Court of the United States · 1869
- The LuluSupreme Court of the United States · 1870
- The NestorU.S. Circuit Court for the District of Maine · 1831
- The Grace GreenwoodDistrict Court, N.D. Illinois · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- The UnderwriterDistrict Court, D. Massachusetts · 1902
- The IllinoisDistrict Court, W.D. Tennessee · 1879