Davis v. US Gas Screw Nola Dare, 208.
| Decision Date | 16 November 1954 |
| Docket Number | No. 208.,208. |
| Citation | 125 F. Supp. 677 |
| Court | U.S. District Court — Eastern District of North Carolina |
| Parties | Oliver DAVIS, t/a Oliver Davis Wholesale Seafood Distributor, Libelant, v. U. S. GAS SCREW NOLA DARE, her tackle, apparel, engines, and furniture, Respondent. |
Wiley H. Taylor, Jr., Morehead City, N. C., for libelant.
This is a libel in rem against the named vessel in which libelant claims a maritime lien for material and equipment sold and delivered to a former owner, and the libel contains this allegation: "That heretofore Delmar Willis, owner and master, on or about the 15th day of March, 1950, and on various dates thereafter * * * did agree to purchase and libelant agreed to deliver and did deliver certain nets, net leads, fuel, rope and various other items for use on said vessel * * *."
The respondent has excepted to the libel and moves for a dismissal for the reason "that nowhere does there appear an allegation that the necessaries sued for were delivered to the boat or alongside the boat on the wharf where she lay; nowhere is it alleged the articles were put on board the boat which is now owned by Ivey Lewis, who purchased her during the month of June, 1951, without notice of any secret maritime lien."
Section 971, 46 U.S.C.A., dealing with maritime liens for necessaries, reads as follows: "Any person furnishing repairs, supplies * * * or other necessaries, to any vessel * * * upon the order of the owner of such vessel * * shall have a maritime lien on the vessel * * *."
It is my opinion that the allegation in the libel is sufficient, and that the exceptions should be disallowed. If libelant shows upon a hearing that the supplies in question were in fact for the libeled vessel, and, in fact, reached it, and were such as are ordinarily required aboard such a vessel, and thus reasonably necessary to its operation, he is entitled to his lien, provided he also shows that they were furnished upon the order of the owner and master, as he claims. While the allegation might have been more specific, the allegation as worded is sufficient to withstand the exceptions.
Piedmont & George's Creek Coal Company v. Seaboard Fisheries Company, 254 U.S. 1, 41 S.Ct. 1, 65 L.Ed. 97, relied upon by respondent, does not support his position. There, coal was billed and delivered to libelant, title passing upon delivery; it was then stored by the libelant in its...
To continue reading
Request your trial
-
Williams v. Tide Water Associated Oil Company
...decision was stated to be based on alleged unanimous holdings in prior cases in his district court that they could not be joined. Cf. 125 F.Supp. 677. In this he ignored the contrary decision of Judge Fee sitting in that court, that they so could be joined. Lahde v. The Theogennitor, D.C.W.......
-
Bollinger Quick Repair, Inc. v. M/V Goliath
...a furnishing to the vessel as much so as if delivery had been made on board or at side of the vessel."); Davis v. United States Gas Screw NOLA DARE, 125 F.Supp. 677, 678 (E.D.N.C.1954); (quoting In this case, the invoices sent by Jones Stevedoring are addressed to the barges and/or their ow......
- Williams v. Tide Water Associated Oil Company, 3395.
-
Redcliffe Americas Ltd. v. M/V TYSON LYKES, Civ. A. No. 2:91-1091-18.
...or a person authorized by the owner. The burden is on Redcliffe to prove all three of these requirements. Davis v. U.S. Gas Screw Nola Dare, 125 F.Supp. 677, 678 (E.D.N.C.1954). a. Necessaries are defined as including repairs, supplies, towage, and the use of a drydock or marine railway. 46......