United States Supreme Court Reports (Volume 249)

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.1919 Excerpt: ... 115. Syllabus. If the custody of the ship by the officer of the court was inconsistent with the purposes of the Executive, acting through the Shipping Board, this was not a matter of which petitioner could take advantage. The application of the Board through its counsel for an order permitting the vessel to be put at the service of the Government for war purposes while still remaining in the custody of the marshal for the purposes of the court's jurisdiction, consented to by the only other parties who had a standing in court, was a sufficient warrant for the order made. Order to show cause discharged and petition dismissed. NORTH PACIFIC STEAMSHIP COMPANY v. HALL BROTHERS MARINE RAILWAY & SHIPBUILDING COMPANY. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. No. 53. Argued November 18, 19, 1918.--Decided March 3, 1919. A contract for maritime service is within the admiralty jurisdiction, although not to be executed upon navigable waters. P. 125. The place of performance--i. e., whether upon navigable waters or elsewhere--is but an evidentiary circumstance, to be considered in determining whether the contract is by nature maritime. Id. A materialman furnishing supplies or repairs may proceed against the ship in rem, or against the master or owner in personam. 12th Admiralty Rule. P. 126. While a contract for building a ship or supplying materials for her construction is not maritime, a contract for services, materials, and use of facilities, for the repair of a vessel already launched and devoted to maritime use, is a maritime contract; and in this respect it is immaterial whether the repairs are made while she is afloat, in dry dock or hauled out upon the land. P. 126. The Robert W. Parsons, 191 U. S. 17, limited....