Legal Opinion

Putnam v. The Young America

District Court, S.D. New York

Decided May 6, 1887PublishedCited by 21 opinions

In Admiralty. Distribution of proceeds. On the tenth of February, 1886, the libel was filed in the first-named cause to recover 810,000 damages to the bark Strathay, for the alleged negligence of the tug Young America, while towing the bark, in causing her to run upon the rocks at Hell Gate on the twenty-ninth of January, 1886. Under the process issued, the marshal made a formal arrest of the tug on the tenth of February.

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In Admiralty. Distribution of proceeds. On the tenth of February, 1886, the libel was filed in the first-named cause to recover 810,000 damages to the bark Strathay, for the alleged negligence of the tug Young America, while towing the bark, in causing her to run upon the rocks at Hell Gate on the twenty-ninth of January, 1886. Under the process issued, the marshal made a formal arrest of the tug on the tenth of February. The libelant’s proctor, however, looking for a settlement of the cause, and the owner not being able to give bail for the tug’s release, the marshal was directed by the…

1Opinion of the CourtBrown, J.

Upon the exceptions to the commissioner’s report, two general questions are presented — First, whether the material-men acquired any lien for the supplies furnished after the vessel was arrested; and, if sb, second, whether either of them is entitled to priority over the previous lien for negligent towage. Horre’s claim presents a further question, whether a prior lien for supplies is outranked by a later lien for damage done in towing.

1. When a vessel is arrested in admiralty, under process of the court, the law requires that she be kept safely by the marshal for the benefit of the parties…

2Cases cited12 opinions

  1. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
  2. James L. v. CarrylSupreme Court of the United States · 1858
  3. Norwich Co. v. WrightSupreme Court of the United States · 1872
  4. Miller v. United StatesSupreme Court of the United States · 1871
  5. The Brig Ann, McLain, MasterSupreme Court of the United States · 1815

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
  2. Collie v. FergussonSupreme Court of the United States · 1930
  3. Fred I. Putnam and James A. Overman v. Harry C. Lower, John Kadlec, George S. Herning, Edgar L. Peecher, William E. Barquist and Norman L. BunkerCourt of Appeals for the Ninth Circuit · 1956
  4. Old Point Fish Co. v. HaywoodCourt of Appeals for the Fourth Circuit · 1940
  5. The St. PaulDistrict Court, S.D. New York · 1921

16 more not listed; retrieve them via the Exa API.

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