The New Champion

U.S. Circuit Court for the District of Southern New York

The New Champion

17 F. 816, 1883 U.S. Dist. LEXIS 131

CourtU.S. Circuit Court for the District of Southern New York

DecidedJuly 15, 1883

StatusPublished

This text of 17 F. 816 (The New Champion) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The New Champion, 17 F. 816, 1883 U.S. Dist. LEXIS 131 (circtsdny 1883).

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Opinion

Brown, J.

The supplies -for which this action is Drought were provisions furnished, at Bergen Point, New Jersey, to the steward, in accordance with the master’s orders; and all belong to the class of necessaries. The captain was running the barge on an agreement with the owners that he should have $60 per month and find the crew and provisions. The libelants, who kept a grocery store at Bergen Point, had no knowledge or notice of this arrangement, as in the case of The Wm. Cook, 12 Fed. Rep. 919, and hence were not bound by it. The John Farron, 14 Blatchf. 24, reversing 7 Ben. 53; The S. M. Whipple, 14 Fed. Rep. 355; The India, Id. 476.

The libelant testified that the supplies were furnished on the credit of the vessel; and upon all the circumstances I do not think there is sufficient evidence to rebut this testimony, or the legal presumption that the supplies, being furnished in a foreign port, were furnished upon the credit of the vessel, as well as of her owners. The Secret, 15 Fed. Rep. 480; The Plymouth Rock, 7 Ben. 448; The E. A. Baisley, 13 Fed. Rep. 703; The E. A. Barnard, 2 Fed. Rep. 712, 714; The Grapeshot, 9 Wall. 129, 136.

The libelants must, therefore, have judgment for the value of the goods furnished, amounting with interest to $33.45, with costs.

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Brown, J.

The supplies -for which this action is Drought were provisions furnished, at Bergen Point, New Jersey, to the steward, in accordance with the master’s orders; and all belong to the class of necessaries. The captain was running the barge on an agreement with the owners that he should have $60 per month and find the crew and provisions. The libelants, who kept a grocery store at Bergen Point, had no knowledge or notice of this arrangement, as in the case of The Wm. Cook, 12 Fed. Rep. 919, and hence were not bound by it. The John Farron, 14 Blatchf. 24, reversing 7 Ben. 53; The S. M. Whipple, 14 Fed. Rep. 355; The India, Id. 476.

The libelant testified that the supplies were furnished on the credit of the vessel; and upon all the circumstances I do not think there is sufficient evidence to rebut this testimony, or the legal presumption that the supplies, being furnished in a foreign port, were furnished upon the credit of the vessel, as well as of her owners. The Secret, 15 Fed. Rep. 480; The Plymouth Rock, 7 Ben. 448; The E. A. Baisley, 13 Fed. Rep. 703; The E. A. Barnard, 2 Fed. Rep. 712, 714; The Grapeshot, 9 Wall. 129, 136.

The libelants must, therefore, have judgment for the value of the goods furnished, amounting with interest to $33.45, with costs.

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17 F. 816, 1883 U.S. Dist. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-new-champion-circtsdny-1883.

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