The Ulrica
| Citation | 224 F. 140 |
| Parties | THE ULRICA. |
| Decision Date | 05 June 1915 |
| Court | U.S. District Court — District of New Jersey |
Alexander & Ash, of New York City, for Weehawken Dry Dock Co.
Foley & Martin, of New York City, for Tietjen & Lang Dry Dock Co.
Roe Runyon & Autenrieth, of Jersey City, N.J., for Archibald McNeil Sons Co.
The steamboat Ulrica was libeled, while in the possession of the Weehawken Dry Dock Company, by Burton Smith and others, wage claimants. It was seized and sold by the United States marshal. The proceeds of sale, after payment of the amounts due such wage claimants and the taxed costs, are insufficient to pay the claims of the other libelants. The claim of the Weehawken Company embraces repairs made during different periods when such steamboat was in its possession. For the amount due for the repairs made during the period when the boat was last in its possession it claims priority in payment, on the ground that it had a common-law possessory lien for such repairs.
The Weehawken Company had a common-law lien for the repairs last made, and this lien continued notwithstanding the seizure of the steamboat by the United States marshal. The B. F. Woolsey (D.C.) 7 F. 108; The Two Marys (D.C.) 10 F. 919. See, also American Trust Co. v. W. & A. Fletcher Co., 173 F 471, 97 C.C.A. 477. This is not disputed by the other libelants; but they contend, first, that as their liens, being of the same class or rank of privilege as that of the Weehawken Company, all accrued before these repairs were made by the Weehawken Company, they are superior to such possessory lien; and, second, that the possessory lien was waived.
As to the first contention: If the repairs made by the Weehawken Company were not maritime in their nature, its common-law lien would have to yield to the liens of the other libelants. The Guiding Star (C.C.) 18 F. 263; The Unadilla (D.C.) 73 F 350. See, also, The Tergeste, 9 Asp.M.C. 356 (1903) L.R. 26. But the character of these repairs is maritime, and, treating the Weehawken Company's lien as maritime, unaffected by the fact that it had also a common-law lien for such repairs, it is manifest that such lien is at least equal in rank to the liens of the other libelants. That being the status of such lien, it is inconceivable that it should become subordinate to the other liens on the ground that the latter accrued before those repairs were made. Such a subordination, while it would be...
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The Nisseqogue
... ... regard to which there is no controversy, constitutes a ... maritime lien. The Lula, 77 U.S. (10 Wall.) 192, 201, 19 ... L.Ed. 906; The Dredge A, 217 F. 617; The J. E. Rumbell, 148 ... U.S. 1, 13 Sup.Ct. 498, 37 L.Ed. 345; The Ulrica (D.C.) 224 ... F. 140. As the repairs were necessary and the charges ... reasonable, in the absence of any evidence to the contrary, ... it is a reasonable, if not a necessary, inference that they ... enhanced the value of the vessel, to the extent of their ... reasonable cost. It would be to ... ...
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The City of Miami
... ... Massachusetts statute. The latter confers a possessory lien, ... something essentially different. I do not mean to intimate ... that the lien of the Shipbuilding Company rests only on the ... Massachusetts statute; probably it exists at common law. See ... The Two Marys, 16 F. 697; The Ulrica (D.C.) 224 F. 140 ... Assuming ... that the Shipbuilding Company has a valid lien, it should be ... treated like any other possessory lien. The Shipbuilding ... Company is entitled to possession until its bill has been ... paid. If it makes an overcharge, the owner, as a first step ... ...
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The John J. Freitus
... ... priority, it is not deprived thereof by the marshal's ... seizure of the vessel. In my opinion, however, the ... possessory lien adds nothing to the maritime lien. The ... question does not seem to have been directly passed upon by ... the courts. The cases of The Ulrica (D.C.) 224 F. 140, and ... American Trust Company v. Fletcher Company, 173 F ... 471, 97 C.C.A. 477, do not decide it. If the claim upon ... which the possessory lien is founded were nonmaritime, the ... lien would be subordinated to those arising by the maritime ... law, as is apparent from ... ...
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The Interstate No. 2
... ... being the first libelant to institute proceedings. It insists ... that it is entitled to priority and advances, as one reason, ... a claim of 'possessory lien' by reason of the vessel ... having been in its possession when it was seized in the ... admiralty suit. The case of The Ulrica (D.C.) 224 F. 140, is ... cited in support of this contention ... In The ... Ulrica Case the Weehawken Dry Dock Company had in its ... possession a vessel on a claim for repairs, and at the suit ... of a third party the vessel was taken out of the possession ... of the Weehawken ... ...