Levering v. Bank of Columbia
U.S. Circuit Court for the District of District of Columbia
This was an action on the case for money paid, laid out and expended, and for money had and received. The bank having a claim against one Hamilton, a part owner of the ship Alexandria, caused her to be attached at Baltimore, and obtained judgment of condemnation. At the sheriff’s sale, the plaintiff became the purchaser, but under an agreement with the bank that they should exonerate him from all liens and incum-brances on the ship.
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This was an action on the case for money paid, laid out and expended, and for money had and received. The bank having a claim against one Hamilton, a part owner of the ship Alexandria, caused her to be attached at Baltimore, and obtained judgment of condemnation. At the sheriff’s sale, the plaintiff became the purchaser, but under an agreement with the bank that they should exonerate him from all liens and incum-brances on the ship. The seamen libelled the ship for wages, and the plaintiff finding their claim just, paid them, and now brought this action to recover the amount of such payments…
1Opinion of the Court
KILTY, Chief Judge.
That there was no lien as to the repairs and provisions, Baltimore and Alexandria not being foreign ports to each other. That to make the ship liable to seamen for work done in port, it is not necessary that they should be hired for a specific voyage; that mariners may be hired by the owners themselves, and in such case they are not to be considered as relying solely upon the personal-credit of the owners, and as losing their lien on the ship; that if a mariner is hired for an uncertain voyage, and not a specific one, the owners or the master may discharge such mariner;…
2Cited by2 opinions
- McNamara v. The AtlanticDistrict Court, D. South Carolina · 1893
- Bell v. The Florence S.District Court, D. Alaska · 1915