Stephenson v. The Francis
District Court, S.D. New York
In Admiralty. Libel to recover an unpaid balance of $322.56, for coal supplied by the libelants at Washington to the steamer Francis; this part of the bill being furnished from July 15 to July 18, 1879. The Providence & Stonington Steam-boat Company, a Rhode Island corporation, were the general owners of the steamer, and appeared and defended as claimants. On June 30, 1879, the Francis was chartered to “Thomas Collier, of Brooklyn, N. Y., and Jos.
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In Admiralty. Libel to recover an unpaid balance of $322.56, for coal supplied by the libelants at Washington to the steamer Francis; this part of the bill being furnished from July 15 to July 18, 1879. The Providence & Stonington Steam-boat Company, a Rhode Island corporation, were the general owners of the steamer, and appeared and defended as claimants. On June 30, 1879, the Francis was chartered to “Thomas Collier, of Brooklyn, N. Y., and Jos. L. Savage, of Washington, D. C.,” for 90 days, for service between New York and Washington. By the terms of the charter the possession of the…
1Opinion of the CourtBrown, J.
The libelants claim a maritime lien npon the steamer for coal furnished in Washington. By the law of this country no maritime lien is allowed for repairs and supplies furnished to a vessel in her home port, i. e., within the state of her owners’ residence. The supplies in that case are Conclusively presumed to have been furnished on the owners’ perso?ial credit, and not on the credit of the ship. Where the vessel is known to be under the control of charterers that are in the situation of owners pro hue vice, i. e., are running the vessel upon their own account, their residence alone is looked…
2Cases cited17 opinions
- Robertson v. CeaseSupreme Court of the United States · 1878
- Brown v. KeeneSupreme Court of the United States · 1834
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- The GrapeshotSupreme Court of the United States · 1870
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3Cited by15 opinions
- Neafie & Levy Ship & Engine Building Co. v. The EllaDistrict Court, D. Delaware · 1897
- Brown v. The AlliancaDistrict Court, S.D. New York · 1894
- De Lano v. The AlviraDistrict Court, N.D. California · 1894
- Alaska & P. S. S. Co. v. C. W. Chamberlain & Co.Court of Appeals for the Ninth Circuit · 1902
- Munn v. GarverCourt of Appeals for the Third Circuit · 1895
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