Scott

Scott v. The Morning Glory

Good Law
21 F. Cas. 845·1859 U.S. Dist. LEXIS 78
United States District Court, Northern District of CaliforniaApril 22, 1859California922 words

Opinion

Lead Opinion

Hoffman, J.

The libel in this case is tiled to recover compensation for services rendered to the above vessel by the libelants, as shipping masters, in procuring 10 men to navigate the vessel from Benicia to this city. Exceptions to the libel are filed on the grounds (1) that the contract- is not of admiralty jurisdiction; (2) that it is not alleged that any necessity existed for creating a lien on the vessel, by reason of want of funds in the master’s possession, or of personal credit of the owners.

As to the first exception. In The Gustavia [Case No. 5,876], it was held by the judge that a ship’s broker has a lien on a foreign vessel for services in shipping a crew, and for advances for their wages. On the other hand, it has been decided that stevedores had no lien, and this court has rejected the claim, in- rem, of runners, or persons who are hired to solicit passengers. It is impossible not to recognize, in the recent decisions of the supreme court, a disposition to confine the admiralty jurisdiction within narrower limits, and restrict maritime liens to fewer cases than is desired by its more ardent advocates. The Yankee Blade, 19 How. [60 U. S.] 82. To give the court jurisdiction over…

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