9 F.1d 333 - The Prince Leopold — 9 F. 333

How this case has been cited

Cited by 8 later decisions — most recently March 1917

2 federal appellate · 4 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶11. Towage' Services — Liens.

¶2 Towage service must be rendered to carry alien; an unexecuted contract to perform towage service is not enough.

¶3In Admiralty.

¶4I. R. Beckwith, for libellant.

¶5Emmet D. Craig, for claimants.

¶7Pardee, C. J.

¶8An unexecuted contract of affreightment gives no maritime lien. 18 How. 188; 19 How. 90. An unexecuted contract for furnishing supplies carries no lien. The Cabarga, 3 Blatchf. 75. An unexecuted contract for wages, where the voyage was never begun and no services rendered, furnishes no lien. 1 W. Rob. 89, cited in 19 How. 90. Admiralty and maritime liens aro not given by implication. 19 How. 89. No reason is given why an unexecuted contract to furnish towage to a vessel should stand on any better footing than though the contract related to freight, wages, or materials. It is claimed that towage is a part of the voyage, (22 How. 244;) but that must be understood as towage actually furnished. The owners may have contracts with a dozen different tow-boats thaeach shall tow the ship, but it is only the ones actually towing the vessel that help begin or complete the voyage.

¶9Let there be a decree maintaining the exception filed,' and dismissing the libel, with costs.