The Mary F. Chisholm

Citations

• 129 F. 814
• 1904 U.S. Dist. LEXIS 312

Syllabus

<p>1. Admiralty Jurisdiction — Grounds—State Statute Enlarging Remedy.</p> <p>A state statute giving a lien on vessels cannot enlarge the jurisdiction of a court of admiralty, which depends upon whether or not the subject-matter of the suit is maritime.</p> <p>2. Same — Maritime Contract — Sale of Supplies to Fishermen.</p> <p>A sale by a merchant to fishermen, who are about to go on a fishing voyage under a lay contract, of tobacco, clothing, and other articles for their personal use, is not a maritime transaction, and a court of admiralty is without jurisdiction of a suit to enforce collection therefor, although a lien is claimed on the vessel under a state statute.</p> <p>3. Maritime Lien — Supplies—Maine Statute.</p> <p>Clothing, tobacco, and other articles for personal use sold to fishermen about to start on a fishing voyage under a lay contract are not “supplies necessary for the employment” of the vessel, within the meaning of the Maine statute giving a lien for such supplies.</p> <p>4. Admiralty — Costs—Dismissal for Want of Jurisdiction.</p> <p>Where a suit in admiralty is dismissed for want of jurisdiction of the subject-matter, costs cannot be allowed.</p> <p>11 1. Admiralty jurisdiction as to enforcement of liens under state laws, see aote to The Electron, 21 C. C. A. 21.</p> <p>See Admiralty, vol. 1, Cent. Dig. § 194.</p> <p>T 2. Admiralty jurisdiction as to matters of contract, see notes to The Richard Winslow, 18 C. C. A. 347; Boutin v. Rudd, 27 C. C. A. 530.</p> <p>If 3. Maritime liens for supplies and services, see note to the George Dumois, 15 C. C. A. 679.</p>