The J. M. Welsh

E.D. New York

The J. M. Welsh

13 F. Cas. 643, 8 Ben. 211

CourtDistrict Court, E.D. New York

DecidedJuly 15, 1875

DocketCase No. 7,327

StatusPublished

Cited by3 cases

This text of 13 F. Cas. 643 (The J. M. Welsh) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The J. M. Welsh, 13 F. Cas. 643, 8 Ben. 211 (E.D.N.Y. 1875).

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Opinion

BENEDICT, District Judge.

The terms of the contract under which the libellant Austin claims to have towed the vessel proceeded against show beyond dispute that the libel-lant relied solely upon the personal credit of Easton & McMahon, and not upon the credit of the boats towed.

The contract is inconsistent with the idea of a lien, and shows that a lien upon the boats was not within the contemplation of the parties. For services rendered under such a contract, and upon an exclusively personal credit, no lien exists. The libel is accordingly dismissed with costs.

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BENEDICT, District Judge.

The terms of the contract under which the libellant Austin claims to have towed the vessel proceeded against show beyond dispute that the libel-lant relied solely upon the personal credit of Easton & McMahon, and not upon the credit of the boats towed.

The contract is inconsistent with the idea of a lien, and shows that a lien upon the boats was not within the contemplation of the parties. For services rendered under such a contract, and upon an exclusively personal credit, no lien exists. The libel is accordingly dismissed with costs.

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Bluebook (online)

13 F. Cas. 643, 8 Ben. 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-j-m-welsh-nyed-1875.

Opinion

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