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Decisions of Hon. Peleg Sprague, in Admiralty and Maritime Causes, in the District Court of the United States for the District of Massachusetts Volume

Decisions of Hon. Peleg Sprague, in Admiralty and Maritime Causes, in the District Court of the United States for the District of Massachusetts Volume

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General World History

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ISBN10: 115010824X
ISBN13: 9781150108242
Publisher: General Books
Pages: 248
Weight: 0.99
Height: 0.52 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1861 Excerpt: ... Purcell v. Lincoln. The Whitaker belonged in the State of Maine, and the claimants, her owners, all resided there. Sprague, J.--Holbrook had a lien, which he might enforce, either in a cause of contract or of salvage. But in the execution of his contract with the master, he had no authority to hire laborers, or procure materials, upon the credit either of the vessel or owners; and the men employed by him have no lien upon the vessel, which they can enforce in this libel. They knew that Holbrook was a contractor, and not an agent of the owners. The libellants did not bestow their labor and materials on the vessel, under a contract with the owners or master, or with any person who, by the acts or conduct of the owners, had apparent authority to bind the vessel by a lien. The aggregate amount of the claims of these libellants greatly exceeds the $900, for which Holbrook had contracted to get the vessel off; and if they have a lien therefor, it would subject the owners to the payment of a larger sum than that stipulated in the contract with Holbrook, under which alone these persons labored. This libel to enforce a lien, as material men, in which Holbrook has not joined, must be dismissed. Whether the libellants might join with Holbrook, in a libel for salvage, I have no occasion now to consider. Libel dismissed. Seth Webb, Jr., for libellants. John 0. Dodge, for claimants. April, 1854. Purcell V. Lincoln. After service of process, in a suit by a seaman against an officer for a tort, a settlement was made, without tho knowledge of the libcllant's proctor, but in good faith, and when the situation of the respondent was such, that there was more danger of undue influence upon him, than upon the libellant: Held, that the proctor could not recover his costs. Sprague...

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