17 F. Cas. 605 | D. Mass. | 1842
This is a libel in rem by Nickerson, a -ship chandler, for necessary provisions furnished at New York to a vessel owned in Massachusetts. The
I am not aware of any case in which the state of the title has in any degree affected this right; and I think it would impair the usefulness of the rule, to introduce any such modification of it. It will be less plain and certain, and would not adequately accomplish the object of the law, in-giving the best, security, as the highest inducement to persons abroad, to furnish the necessary supplies. I should fear that owners themselves would be the sufferers from any diminution of the certainty of this security.
In the case now before the court, the general owners were directly interested in the success of the voyage. Their profits or compensation for the use of the vessel depended on its prosecution. I am satisfied, that it was competent for the master to obtain these supplies upon the credit of the vessel, and that a lien was created thereby. Decree for the libellant. _ '
See also The Phebe [Case No. 11,064]: Freeman v. Buckingham. 18 How. [59 U. S.] 190; Thomas v. Osborn. 19 How. [60 U. S.] 22; Pratt v. Reed, Id. 361; Webb v. Peirce [Cases Nos. 17,320, 17,321]; The Sarah Starr [Case No. 12.354.]