North Coast Stevedoring Co. v. United States

By intervening libel the appellant asserted a maritime lien in the court below on the steamship “Henry S. Grove” for stevedoring services performed in loading and discharging cargo at different ports in the state of Washington. At the time the services were so performed the vessel was operated by, and in the possession of, the Atlantic Gulf & Pacific Steamship Corporation, under a contract of conditional sale executed by the United States, represented by the United States Shipping Board, and the United States Shiping Board Emergency Fleet Corporation. The lien was asserted by virtue of subsections P, Q, and R, § 30, of the Merchant Marine Act of 1920 ( 41 Stat. 1005 [Comp. St. §§ SWOliooo-SllS^pp]). These subsections provide, in substance, that any person furnishing repairs, supplies, towáge, use of dry dock or marine railway, or other necessaries, to any vessel, whether foreign or domestic, upon the order of the owner of such vessel or of a person authorized by the owner, shall have a maritime lien on the vessel, which may be enforced by a suit in rem, and it shall not be necessary to allege or prove that credit was given to the vessel. Subsection R further provides that nothing…

(concurring). I join in the conclusion, but think burden was upon appellees, not only to prove want of power, but to make prima facie showing either that appellants had knowledge or had reasonably available sources from which they could have ascertained knowledge of the fact. The Oceana (C. C. A.) 244 F. 80, 83 ; W. G. Coyle & Co. v. North America S. S. Corp. (C. C. A.) 262 F. 250, 256 ; Virginia Shipbuilding Corp. v. U. S. Shipping Board E. F. Corp. (D. C.) 11 F.(2d) 156 , 158.