The Prospect
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court against the bark Prospect, a foreign vessel, for supplies furnished to her in June and July, 1851, amounting to $435.27. After a decree by the district court in favor of the libellants [case unreported], the claimants appealed to this court
1Opinion of the Court
NELSON, Circuit Justice.
The main de-fence in this case is, that the supplies were furnished on the credit of the owners of the vessel. But the bill for them was charged and rendered, in the usual way, against the vessel and owners; and there is nothing in the proofs sufficient to rebut or disprove the presumption of law, arising out of the transaction, that the credit was given to the vessel. The burden lay upon the claimants to show affirmatively that it was given, not to the vessel, but to the owners.
It is further insisted, that there has been great and unreasonable delay in enforcing the…
2Cited by4 opinions
- The UnderwriterDistrict Court, D. Massachusetts · 1902
- The BristolDistrict Court, S.D. New York · 1882
- Jarvis v. The TonawandaDistrict Court, E.D. Pennsylvania · 1886
- Sobrinos de Ezquiaga v. Steamship RochelieDistrict Court, D. Puerto Rico · 1915