The Chicklade
Citations
- 120 F. 1003
- 1903 U.S. Dist. LEXIS 388
Syllabus
<p>1. Maritime Liens — Services op Stevedore to Foreign Ship — Contract Made ey Charterer..</p> <p>Libelant contracted with a firm of ship brokers to load a foreign ship. During the progress of the work he ascertained that the ship was under charter to a firm composed of the same persons as the brokerage firm,. but made no inquiry as to the terms of the charter party, nor did he notify.the master of any claim against the ship, which .sailed without knowledge of any such claim. Libelant presented his claim to the brokerage firm and received a check therefor, which was not paid because the-firm became insolvent. By the terms of the ‘charter, the charterers were required to pay for ail stevedoring. Held, that libelant was not entitled to a lien upon the ship for his services.</p> <p>¶ 1- Maritime liens for supplies and services, see note to The George Dumois, 15 C. C. A. 679.</p> <p>2. Same — Stevedores—Duties of.</p> <p>No lien exists against a foreign ship for stevedores services in loading a ship, unless the contract is made with the ship’s master, or the latter is advised of the purpose to hold the ship liable at the time the service is performed. The burden of ascertaining the authority of the person at whose instance the stevedore acts, other than the master, should be imposed upon the stevedore. *</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding defendant’s request to extend discovery would prejudice plaintiff, as dispositive motions had already been filed and plaintiff had not contributed to need for extension
- addition of new lawyer does not establish good cause when defendants had experienced counsel throughout the case
Source: CourtListener parenthetical corpus (CC0).
Judges: Waddill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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