Libel of Pilgrim Trust Co. v. The Frances C. Denehy, Adm. No. 69.
| Decision Date | 23 January 1950 |
| Docket Number | Adm. No. 69. |
| Citation | Libel of Pilgrim Trust Co. v. The Frances C. Denehy, 94 F.Supp. 807, 1951 A. M.C. 712 (D. Me. 1950) |
| Parties | LIBEL OF PILGRIM TRUST CO. v. THE FRANCES C. DENEHY, etc. |
| Court | U.S. District Court — District of Maine |
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William B. Shevory, Boston, Mass., John E. Willey, Portland, Me., for libellant.
Alan L. Bird, Samuel W. Collins, Jr., Rockland, Me., Mark C. Candee, New York City, for General Foods Corp., intervenor.
Sidney W. Thaxter, Portland, Me., for Commonwealth Ship Supply Co., Inc. and Pier Machine Co., Inc., intervenors.
This action arose upon the Libel of Pilgrim Trust Company filed in this Court on November 17, 1948.
Reference of the cause was made to Frank M. Coffin, Esquire, as commissioner, to hear the evidence of the Libellant and intervenors, and to report his findings of fact and conclusions of law as to the amount due each of said parties, to determine what part of these amounts constituted liens on the Libellee vessel, and to indicate the priorities of said liens.The commissioner thereupon made his investigation, requiring such evidence as to him seemed necessary to substantiate the claims made, and submitted his report on the sixteenth day of January, A.D. 1950.
All proctors of record having been personally apprised of the contents of said report, it is
Ordered, adjudged and decreed
That the report of said Commissioner be, and hereby is, in all respects confirmed and adopted.
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...rather to the priority accorded the lien so created. The Oconee, D.C.Va.1922, 280 F. 927, 929, 933-934; Libel of Pilgrim Trust Co. v. Frances C. Denehy, D.C.Me.1950, 94 F.Supp. 807. That this is not an unreasonable burden and is, in fact, a necessary precaution regularly taken by American s......
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...321 (2 Cir. 1946); Chemical Bank New York Trust Co. v. S. S. Westhampton, 231 F. Supp. 284 (D.C., 1964); Libel of Pilgrim Trust Co. v. The Frances C. Denehy, 94 F.Supp. 807 (D.C., 1950). While the primary purpose of the statute and the 1954 amendment was to assist American mortgagees, the c......
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Brandon v. Denton
...not lose its preferred status for noncompliance.289 "287 § 923. "288 § 941(c). "289 The Oconee, 280 F. 927 (E.D.Va.1921); The Frances C. Denehy, 94 F.Supp. 807, 1951 A. M.C. 712 (D.Me.1950). In The Bethlehem, 4 F.2d 308, 1925 A.M.C. 569 (3d Cir. 1925) a mortgage was held not to be preferred......
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...in which, by separate instrument, the lender obtained other security on non-maritime property. In Libel of Pilgrim Trust Co. v. The Frances C. Denehy, 94 F.Supp. 807 (D.C.Me.1950), the Court adopted the report of a commissioner which rejected the argument that the validity of a preferred sh......