The City of Camden

• Decision Date: 25 July 1906
• Docket Number: 1,119.
• Citation: 147 F. 847
• Parties: THE CITY OF CAMDEN.
• Court: U.S. District Court — Southern District of Alabama

147 F. 847

THE CITY OF CAMDEN.

No. 1,119.

United States District Court, S.D. Alabama.

July 25, 1906

Pillans Hanaw & Pillans, for intervener.

Gregory L. & H. T. Smith, for defendant.

TOULMIN District Judge.

It is well settled that, by the general maritime law, one who loans or advances money to the master or owner of a vessel, who is without funds, in a foreign port to be used in furnishing materials, repairs, or supplies to the vessel, and which is actually used for that purpose, is entitled to a maritime lien on the vessel therefor; and that where funds are loaned in a foreign port to discharge valid existing maritime liens, and are so used, the lender may properly and equitably stand in the place of the lienholders whose demands have been discharged with the funds furnished by him. The Guiding Star (C.C.) 18 F. 263; The Augustine Kobbe (D.C.) 37 F. 701; Nippert v. Williams (C.C.) 42 F. 542; The Worthington, 133 F. 725, 66 C.C.A. 555, 70 L.R.A. 353; The Emily Souder, 17 Wall. 666, 21 L.Ed. 683; Hughes on Admiralty, 96. 'By the general maritime law which gives a lien on a vessel for necessaries furnished to her in a foreign port, money is registered as material. ' The City of Salem (D.C.) 31 F. 616, 2 L.R.A. 380. It is likewise well settled that, by the maritime law, for supplies or other necessaries furnished a vessel in her home port, or for money advanced or loaned to her to pay for the same, there is no implied lien. in such case the credit is presumptively given to the owner personally, and not to the vessel. The Emily Souder, supra; The Samuel Marshall, 54 F. 399, 4 C.C.A. 385; The Kate, 164 U.S. 458, 17 Sup.Ct. 135, 41 L.Ed. 512; The Queen of St. Johns (C.C.) 31 F. 24.

Money advanced upon the credit of the boat, to pay off claims of a maritime nature, entitled to liens in admiralty, and actually used for that purpose, are entitled to the same rank in the distribution as the claims which were thus paid off. Claims for materials, repairs, and supplies, which arise at a home port for which a lien is given by the local law, are entitled to the same footing with claims arising in foreign ports. These claims while maritime in their nature, as founded upon maritime contracts, are not invested by the maritime law with a lien upon the vessel, enforceable as such by admiralty process in rem; but a lien upon the vessel in respect to them being given by the local law of her home port, it is enforceable in the admiralty law. The Guiding Star, supra, and other authorities cited supra; The Sylvan Stream (D.C.) 35 F. 314. The state law of Alabama declares a lien on any steamboat in this state for work done or material supplied by any person within the state, in and about the repairing, furnishing, and supplying such steamboat; and for wages of laborers, and shipkeepers of the same. Code Ala. 1896, Sec. 2758. It seems to be settled, at least by the weight of authority, that money advanced to pay maritime claims that are liens by virtue of a local law, as well as of the maritime law, may itself become a lien against the vessel whose debts have thus been discharged. 'But in order to establish a lien for money advanced, it must be clearly shown that it was advanced on the credit of the vessel to pay lien claims, and that it was so used. ' The Wyoming (D.C.) 36 F. 493, and authorities cited herein. 'Before a lien exists for money advanced, it must be clearly shown that the purposes for which it is advanced are entitled to a lien. If advanced for the purpose of paying claims to which a lien in admiralty attaches, in that case a lien attached to that money, but not otherwise. ' The Guiding Star (D.C.) 9 F. 521.

To entitle the intervener to a decree it must appear from the evidence that he loaned to the owner of the steamboat, City of Camden, money to pay off valid claims against her; that he so loaned the money on the credit of the boat, and that said claims were entitled to liens on the boat. To entitle said claims to such liens, it must appear that the materials and supplies, on account of which said claims were made, were used by the boat, and that the repairs, work, and labor which were paid for with the money loaned by the intervener, were done on, in, or about the boat. There are cases which hold that the state statutes which provide for liens on a vessel in her home port create a conclusive presumption of credit to the vessel-- notably the case of The Iris, 100 F. 104, 40...