Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-16
AN IMronraNr DECISION.
Judge Bradford's Emiing Concerning
Maritime Lien for Repairs.

Maritime Lien Tor EepnirS.
A final decren was entered by Judge
Bradford in tho Unitad States Court
Tuesday afternoon in the caao of the
Nealie g. Lovy Shin and Engine Build
ing Co. va the steamer Ella, Tor 81, 1913
with interest from May 'Dth, 1896, ind
costs. Tbs opinion Of Judge Bradford
was a very elaborate one, covering 10
tynewritten pages The question in
volved in tho case was ono of the highest
importance to shipbuildcrs and material
men furnishing repairs to ships Tho
| opinion reriews many authorities both
in the Supreme Court Of thu United
! States ard the Circuit Court Of Appeals
upon the question as TO whether q mari
| line lien could be given to persops max
| ing repairs upon vessels In foreign port
! where the repairs were ordered by tine
owner OF tho vessel, Uhere there is no
express contract for lien upon the
vessel.
The law has long been sottled that
there is no lien for repairs made 10 a
vegsel in its home port and that there
is a lien for repairs made to vessel in
foreign port where the repairs are
ordered by tho master Of tho vessel. In
this casa. however. tho court hell that
the repairs were ordered by tho Phila
delphia & Smyrna Transportation 90. +,
the owner of the boat, in foreign mort,
the Haid transportation company being,
corporation of the State of Delaware,
and the repairs having bean made by
tho Neafie s. Levy Co. at the city oil
Philadelphia, foreign port; but thai
tho evidence showed that theirs was nc
express contract between the parties
that there should be lien upon the
boat, The evidence, howeyer, showed
that there was an understanding be-
tween the Neafie a. Levy Go. and the
Philadelphia and Smyrna company,
not expressed 10 writing, that the boat
should be liable, and that in conse
quence thereof there was no implied
lien upon the vessel. The course o
dealings between the parties for aevera
yeara. their correspondence, and thI
fact that thu reT airs were charged upor
the bucks of the conpany against thu
steamer Ella, were all facts going Il
:. show that there was such an under
standing The court in it's opinion
aftur reviewing the authorities held tha
| this mutual understanding, although
, not reduced TO writing raised an i'm
piled maritime lsn upon the vessel
which could he enforced in admiralty
, The steamer Ella traded betweei
Smyrna and Philadelphia at the tim
, when tho renairs were made. She wa
+ owned by the Philadelphia and Smyrna
company. In 1895 abe was attached il
Philadelphia by the sheriff unde
various claims against her amounting
to about 81, GOO, and John II. lloifecker
8 president of the company, advanced th
money TO pay nil these claims and re
lease the attachment; and at the sam
time he took bill of sale Of tue boa
to himself. Several months afterwar
] the Ella was again seized by tho Unite
3 States marshal Ut Delaware upon severe
claims for wharfage anu wages. Sh
r was sold by the marshal for Sc, zoo
Q These claims were subsequently, paid
j leaving only two claims unpaid, namel
: the Neafie & Levy claim for repairs an
. the claim OF Reakirt Fro. Il Co. {
: Philadelphia for coal. There RENAME
in the registry of the court about 50, 70
after the other claimH had been paic
: out of which tina Neatie & Levy an
q Reakirt companies held that the
8 claims should be paid.
. Judge Bradford's decision, undt
b. which these claims will be paid out {
u the money in the registry of the cour
is Of great Importance, and will doub
b lesa be referred to by admiralty iudget
In the suit. Levi q. bird and Andre
+. z. Sanborn represented Neafie il Lew
: and Lew is G. Vandegrift Mr.. Hoffecke