Cornwall v. The Arctic
U.S. Circuit Court for the District of Northern New York
This was a libel in rem by Cornwall Bros, and Walter Fox for materials furnished to the steam barge Arctic and for money advanced by libelants upon the order of her master to pay the wages of the crew of the Arctic while lying at her home port, Alexandria Bay, New York, within the Northern district of New York.
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This was a libel in rem by Cornwall Bros, and Walter Fox for materials furnished to the steam barge Arctic and for money advanced by libelants upon the order of her master to pay the wages of the crew of the Arctic while lying at her home port, Alexandria Bay, New York, within the Northern district of New York. The answers dispute so much of the claim of Cornwall Bros, as relates to the payment of the wages of the crew — in all $61.88 — and the entire claim of Fox, $78.50. The respondent: insists that the said sums were advanced upon the credit of the owner and master and not upon the credit…
1Opinion of the Court
COXE, District Judge.
The facts are undisputed. The sums in controversy were advanced to pay mariners’ wages upon the order *602of the master and credit of the barge. ' In the ca.se of Fox the engineer was about to file a libel for his wages when Fox advanced the necessary sum, thus enabling the barge to proceed on her voyage. Mariners have always been regarded as under the special protection of the court. They are given a lien of the highest character for their wages by the law maritime, — a lien which takes precedence of nearly every other. The law seems to be well settled that, where money is…
2Cases cited7 opinions
- The Emily SouderSupreme Court of the United States · 1873
- The Guiding StarUnited States Circuit Court · 1883
- Woodward v. Boston Lasting Mach. Co.Court of Appeals for the First Circuit · 1894
- The Guiding StarDistrict Court, S.D. Ohio · 1881
- The Thomas SherlockDistrict Court, S.D. Ohio · 1884
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