The Glen Island
District Court, S.D. New York
In Admiralty. Suit by the Chelsea Iron Works against the steam tug Glen Island, with 11 other actions against the same tug. On determination of priority of liens. Each of the libels above mentioned asserts a lien against the tug, which has been sold under decree obtained in the first cause. All the libels were filed before sale. One is for seaman’s wages, and is admittedly entitled to preference.
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In Admiralty. Suit by the Chelsea Iron Works against the steam tug Glen Island, with 11 other actions against the same tug. On determination of priority of liens. Each of the libels above mentioned asserts a lien against the tug, which has been sold under decree obtained in the first cause. All the libels were filed before sale. One is for seaman’s wages, and is admittedly entitled to preference. One libel (that of Pendleton) claims damages for negligent towage occurring on July 26, 1910. All the other libels are either for repairs or supplies, and it is admitted that most of the repairs were…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). Until The John G. Stevens, 170 U. S. 113, 18 Sup. Ct. 544, 42 L. Ed. 969, *745several points of law more or less applicable to the facts herein were thought well supported by authority in this circuit. Thus: (1) Alien for pure tort, e. g., collision, ranked all antecedent liens ex contractu (The R. S. Carter [C. C.] 40 Fed. 331, Blatchford, J.), except (2) seaman’s wages (citations in Stevens Case, supra, 170 U. S. 119, 18 Sup. Ct. 544, 42 L. Ed. 969). But (3) a lien for negligent towage did not rest wholly or principally on tort, but arose quasi ex contractu…
2Cases cited5 opinions
- The John G. StevensSupreme Court of the United States · 1898
- Bourdon v. The Proceeds of the GratitudeDistrict Court, S.D. New York · 1890
- The Frank G. FowlerU.S. Circuit Court for the District of Southern New York · 1883
- Loud v. The John G. StevensU.S. Circuit Court for the District of Eastern New York · 1889
- In re The John G. StevensDistrict Court, E.D. New York · 1893
3Cited by9 opinions
- The William LeishearDistrict Court, D. Maryland · 1927
- The St. PaulDistrict Court, S.D. New York · 1921
- The Samuel LittleCourt of Appeals for the Second Circuit · 1915
- The EdithDistrict Court, W.D. Washington · 1914
- In re New England Transp. Co.District Court, D. Connecticut · 1914
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