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Bottomry bond vs. implied maritime lien

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 59 U.S. 63 - Carrington v. The Brig Ann C. Pratt · 1855Most cited · 29 citing opinions

The contract of hypothecation, by bottomry, under which the money was loaned, is different from that implied by the general admiralty law. In the one case, the money advanced is payable only in the event of the safe arrival of the vessel at the port of destination, the lender taking the responsibility of the sea-risk, and entitled to charge extraordinary interest. … In the other—the case of an implied lien—the obligation to pay the money is absolute; and to secure the payment, the vessel, the credit of the owner and of the master himself, are pledged.