Trundy v. The Tawtemio

E.D. New York

Trundy v. The Tawtemio

53 F. 835, 1893 U.S. Dist. LEXIS 14

CourtDistrict Court, E.D. New York

DecidedJanuary 13, 1893

StatusPublished

Cited by1 cases

This text of 53 F. 835 (Trundy v. The Tawtemio) 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

Trundy v. The Tawtemio, 53 F. 835, 1893 U.S. Dist. LEXIS 14 (E.D.N.Y. 1893).

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Opinion

BENEDICT, District Judge.

This is an action in rem, brought to enforce a lien for repairs upon a domestic vessel. The statute of the state declares that the debt shall cease to be a Hen at the expiration of 12 months after the debt was contracted, unless at the time when such 12 months shall expire such vessel shall be absent from the port at which said debt was contracted. Tills debt was contracted on November 26, 1891. It ceased to be a lien on November 26, 1892, unless on that day the vessel was absent from the port at which the debt was contracted. When the debt was contracted, the vessel lay at Brooklyn, in the county of Kings. Prom the 22d day of November, 1892, to the 1st day of December, 1892, she was ashore off the North Brother, having grounded there by accident; and the question is whether the vessel on November 26 th was absent from the port at which the debt was contracted, within the meaning of the statute. The word .“port” as used in the statute is not synonymous with the word “place.” It has a more extensive signification. In my opinion, the locality where this vessel lay aground from November 22d to December 1st was within the port of New York. See consolidation act of 2883. This being so, Uie debt sued for ceased to be a lien upon the vessel before the libel herein was filed.

The libel must be dismissed, with costs.

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BENEDICT, District Judge.

This is an action in rem, brought to enforce a lien for repairs upon a domestic vessel. The statute of the state declares that the debt shall cease to be a Hen at the expiration of 12 months after the debt was contracted, unless at the time when such 12 months shall expire such vessel shall be absent from the port at which said debt was contracted. Tills debt was contracted on November 26, 1891. It ceased to be a lien on November 26, 1892, unless on that day the vessel was absent from the port at which the debt was contracted. When the debt was contracted, the vessel lay at Brooklyn, in the county of Kings. Prom the 22d day of November, 1892, to the 1st day of December, 1892, she was ashore off the North Brother, having grounded there by accident; and the question is whether the vessel on November 26 th was absent from the port at which the debt was contracted, within the meaning of the statute. The word .“port” as used in the statute is not synonymous with the word “place.” It has a more extensive signification. In my opinion, the locality where this vessel lay aground from November 22d to December 1st was within the port of New York. See consolidation act of 2883. This being so, Uie debt sued for ceased to be a lien upon the vessel before the libel herein was filed.

The libel must be dismissed, with costs.

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Bluebook (online)

53 F. 835, 1893 U.S. Dist. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trundy-v-the-tawtemio-nyed-1893.

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