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Reports of Admiralty and Revenue Cases Argued and Determined in the Circuit and District Courts of the United States for the Western Lake and River Districts Volume 1

Reports of Admiralty and Revenue Cases Argued and Determined in the Circuit and District Courts of the United States for the Western Lake and River Districts Volume 1


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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.1876 Excerpt: ... Tho Hercules. On August 13th, 1873, certain fuel was furnished by libellant at Sarnia, in the Province of Ontario, to the tug Hercules, then owned by one McCarthy, a resident and citizen of Michigan. No effort was made to enforce collection of the claim during that season, and on the 19th of January, 1874, the tug was sold to William A. Mills and Sarah E. Mills, claimants, resident in Detroit, who paid for her $6,000 in cash, taking a mortgage on the barge Eliza, to indemnify them against any bills that might be outstanding against the Hercules, and which should appear to be liens upon the tug in their hands. Libel was filed on the 10th of September, 1874. No question was made as to the value of the fuel, nor that the same was necessary and was furnished on the credit of the vessel. The answer averred, however, that the claimants were bona fide purchasers of the tug without notice of libellant's claim, and that the same had become stale by reason of his neglect to enforce it. This was practically the only defense set up in the case. Mr. J. C. Donelly, for libellant. Mr. II. H. Swan, for claimants. BROWN, J. Much discussion is found in the elementary books upon the question, when a claim against a vessel becomes stale as against a bona fide purchaser without notice. So much depends upon the facts and circumstances of each case, that it is exceedingly difficult if not impossible to lay down any general rule applicable even to a particular class of cases. The rule obtaining upon the seaboard, which forbids the libellant pursuing his claim, as against bona fide purchasers, after the end of the voyage next succeeding the contracting of the debt, served a good purpose when applied to the long voyages of sailing vessels, but is ill adapted to the exigencies of st...


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Product Details
  • ISBN-13: 9781150157646
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 200
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 115015764X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 367 gr


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Reports of Admiralty and Revenue Cases Argued and Determined in the Circuit and District Courts of the United States for the Western Lake and River Districts Volume 1
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