Legal Opinion
The Bergen
Court of Appeals for the Ninth Circuit
Decided April 24, 1933No. 6866PublishedCited by 17 opinions
1Opinion of the Court
SAWTELLE, Circuit Judge.
This was a libel in rem brought by appellant against the Bergen to recover the value of supplies furnished that vessel at the request of John E. Heston, who was then the managing owner and agent of the vessel. From the stipulation of facts, it appears that on September 30, 1927, the Bergen was sold to Heston by the Star & Crescent Boat Company, claimant and appellee, and Heston gave appellee a $40,000 purchase-money mortgage to secure the balance of the purchase price. The mortgage contains a provision that “neither the mortgagor nor the master of the vessel shall have…
2Cases cited10 opinions
- United States v. StowellSupreme Court of the United States · 1890
- Factors' & Traders' Insurance v. MurphySupreme Court of the United States · 1884
- Morse Drydock & Repair Co. v. Steamship Northern StarSupreme Court of the United States · 1926
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- Workman v. LewisCourt of Appeals for the Ninth Circuit · 1932
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Merchants & Marine Bank v. The Fishing Vessel T. E. Welles, Etc.Court of Appeals for the Fifth Circuit · 1961
- Bank of America, NT & SA v. PengwinCourt of Appeals for the Ninth Circuit · 1999
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- International Refugee Organization v. Maryland Drydock Co. The San FranciscoCourt of Appeals for the Fourth Circuit · 1950
- State of Israel, a Sovereign Nation v. The Motor Vessel Nili, Etc., and Singer & Friedlander, Inc., and Ted Curry Shipping, Ltd., Claimants-AppellantsCourt of Appeals for the Fifth Circuit · 1970
12 more not listed; retrieve them via the Exa API.