The Thales
This text of 23 F. Cas. 884 (The Thales) 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.
Opinion
Upon the proofs, I am of opinion that the advances made in this case, for reimbursement whereof this cause is promoted, were made upon the credit of the owners, on their request, and were not made upon the credit of the vessel. If so, then no lien upon the vessel ever existed.
But, the authorities, cited to the effect that the vessel, having once been arrested and discharged upon stipulation for her value, cannot be proceeded against a second time and arrested again for the same cause of action, seem to me to settle the question, at least in this court. The Union [Case No. 14,346]; The Kalamazoo, 15 Jur. 885, and 9 Eng. Law & Eq. 557, 560; Williams & B. Adm. Prac. 211, and cases cited. I must, therefore, direct a dismissal of the libel, in affirmance of the decree below. [Case No. 13,855.]
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
23 F. Cas. 884, 10 Blatchf. 203, 1872 U.S. App. LEXIS 1476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-thales-circtsdny-1872.