Neafie & Levy Ship & Engine Building Co. v. The Ella

Citations

• 84 F. 471
• 1897 U.S. Dist. LEXIS 120

Syllabus

<p>1. MARITIME LlENS — NECESSARY REPAIRS.</p> <p>Repairs to a, vessel are necessary, within the meaning of the maritime law, where they are such as would he ordered by any prudent shipowner for the purpose of fitting and equipping her for efficient maritime service of the character for which she is designed or employed.</p> <p>3. Same — Repairs on Owner’s Order.</p> <p>The maritime law does not recognize any lien on a vessel for repairs furnished in a foreign port on the, direct order of the owmir in person. unless there is an agreement, express or implied, for a lien; but if there be a common understanding on the part of the repairer and the owner that the furnishing of necessary repairs is to proceed upon the basis of a lien or of extension of credit to the ship as well as to the owner or master, there is an implied agreement or contract for a lien, and a lien will he recognized and enforced.</p> <p>3. Same — PresumP'rross.</p> <p>Where necessary repairs have been furnished to a vessel in a foreign port on the direct order of the owner who is present, there is a presumption that the repairs were furnished, not on the credit of the vessel, but solely on that of the owner: but this presumption is not conclusive. It may he rebutted by an implied agreement; for a lion. Such implied agreement does not serve to create a lien de novo, but merely to overcome the presumption that credit is given exclusively to the owner.</p> <p>4. Same — Waiver of Lien — Givino Note — Presumptions.</p> <p>The men1 acceptance by a person, entitled to a maritime lien for repairs. of a promissory note of the owner of the ship repaired, does not defeat the lien. There is a presumption that the note is taken only as collateral security; and this presumption continues unless it affirmatively appears that the note was taken with an intention that it; should extinguish the lien.</p> <p>«5. Same — Innocent Purchasers — Advances.</p> <p>Neither a bill of salo nor a mortgage of a vessel given to secu