Reakirt v. The Ella

Citations

• 86 F. 666
• 1898 U.S. Dist. LEXIS 165

Syllabus

<p>1. Maritime Liens — Maritime Contracts.</p> <p>A sale of coal, pursuant to which the coal is delivered to a vessel to be-carried as cargo under bills of lading to the purchaser as consignee, the-vendor having knowledge that the purchaser is engaged in the business of selling such coal for other than maritime purposes, is not a maritime contract; nor do the facts that the consignee owns such vessel and that a portion of such coal, after having been delivered to the consignee, is supplied by it to' such vessel as necessary fuel, serve to create or support a maritime-lien.</p> <p>2. Same.</p> <p>The question whether a maritime lien attached for the price of the coal must be determined on the facts and circumstances as they existed at the-time of its original delivery to the vessel, and cannot be affected by any subsequent application of the coal by the purchaser.</p> <p>(Syllabus by the Court.)</p>