Northwestern Commercial Co. v. Bartels

Citations

• 131 F. 25
• 65 C.C.A. 263
• 1904 U.S. App. LEXIS 4259

Syllabus

<p>1. Maritime Liens — Loss by Laches — Sale in Proceedings in State Court.</p> <p>It seems that under the admiralty law applicable to the enforcement of liens the holder of a maritime lien, who participates in a proceeding in a state court which results in a sale of the vessel at his instance, loses his lien, if not by estoppel, at least by laches.</p> <p>2. Same — Estoppel to Enforce.</p> <p>Libelant, who was entitled to a lien on a schooner for salvage services and wages as master, filed his claim in receivership proceedings in a state court, and it was allowed. He consented to a sale of the vessel, and urged a corporation to bid, giving its officers to understand that his claim would be settled from the proceeds. He acquiesced in the sale to such corporation, and in the delivery of the vessel thereunder, and after the sale was confirmed asserted the priority of his claim to the proceeds, and only withdrew his claim after another lien, which exhausted the fund, had been given preference. UoUl, that he was estopped by his conduct to enforce his lien against the vessel in admiralty as against the purchaser.</p> <p>¶ 1. Waiver and extinguishment of maritime liens, see note to The Nebraska, 17 C. C. A. 102.</p> <p>See Maritime Liens, vol. 34, Cent. Dig. § 87.</p>