The Nestor
U.S. Circuit Court for the District of Maine
This was the case of a libel in rem brought by a material man for certain supplies, and especially for a cable furnished to the brig Nestor [Thomas Merrill, claimant]. The articles, amounting to the value of 81CS.4G, were furnished at Alexandria in the District of Columbia, by the libellant, Lincoln Chamberlain, a resident merchant there, at the request of the master of the brig, then lying in that port, but belonging to the port of Portland in the state of Maine, and bound…
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This was the case of a libel in rem brought by a material man for certain supplies, and especially for a cable furnished to the brig Nestor [Thomas Merrill, claimant]. The articles, amounting to the value of 81CS.4G, were furnished at Alexandria in the District of Columbia, by the libellant, Lincoln Chamberlain, a resident merchant there, at the request of the master of the brig, then lying in that port, but belonging to the port of Portland in the state of Maine, and bound on a voyage from thence to other ports. In the district court there was a decree in favor of the libellant, charging the…
1Opinion of the Court
STORY, Circuit Justice.
In respect to the right, in point of jurisdiction, of maintaining this suit in rem in favor of material-men, it does not appear to me that there is any well-founded objection. The admiralty has, as I conceive, a clear jurisdiction to maintain such suits, whenever the supplies have been furnished to the vessel in a foreign port; and every port is foreign to her, which is not in the same state to which she belongs. So the doctrine was laid down in the ease of The General Smith, 4 Wheat. [17 U. S.] 438, and it has never, to my knowledge, been in the slightest degree…
2Cited by20 opinions
- Amstar Corp. v. S/S Alexandros T.Court of Appeals for the Fourth Circuit · 1981
- Governor & Co. of the Bank of Scotland v. SabayCourt of Appeals for the Fifth Circuit · 2000
- Veverica v. Drill Barge Buccaneer No. 7Court of Appeals for the Fifth Circuit · 1974
- Spring v. WebbDistrict Court, D. Vermont · 1915
- The CuzcoDistrict Court, W.D. Washington · 1915
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