Citations
- 53 F.2d 672
Full opinion text
WOOLSEY, District Judge.
The exceptions filed in these causes are in all respects overruled, and tim `repoit of the Commissioner is confirmed and approved.
I. The claimants in the above causes have filed exceptions to the Commissioner's report on the ground that the items for storage and locker space allowed by the Commissioner as maritime liens under section 30, subsec. P, of the Merchant Marine Act of June 5, 1920 (46 IJSCA § 971), are not properly maritime liens, within the scope of that act.
II. The report of the Commissioner, Russell T. Mount, Esq., dated August 17, 1931, is as follows:
"To the Honorable the Judges of the United States District Court for the Southern District of New York:
"In pursuance of orders of this Court entered in all four libels above entitled on June 17, 1931, whereby the said four causes were referred to the undersigned as commissioner `to hoar and report on the merits arid to ascertain the damages and the amount of the maritime liens, if any, with all convenient speed', I beg leave to make the following report:
"By leave granted by this Court, three of the above entitled libels were filed in rein against the Yacht Ai'temia, and the fourth in rem against the Yacht Wasteena, to enforce maritime liens for repairs, supplies and other necessaries.
"The libel of Robert Jacob, Inc., a New York corporation, against the Artemis is -for $4,240.05, for work done and supplies and repairs furnished by the libelaiit, a shipbuilder and repairer at City Island in the Port of New York, to the Artemis between September 2, 1930, and May 1, 1931, including the dismantling of the yacht, hauling her out of water by use of a marine railway, sei--aping, cementing and painting her bottom, sliding her off the inmine railway on land and storing her for the winter, including the storing of her mast, spars, equipment and small boats. The libel also sets forth as a separate cause of action an' account stated for the same services and in the same amount. The libel alleges that the work, labor, seivices and i'e-pairs were necessary and proper for the yacht and constitute a lien against her by the maritime law and by the statutes of the United States. Interest is claimed from May 1, 1931.
"The libel of Robert Jacob, Inc., against the Motor Yacht Wasteena is filed to recover tire sum of $451.31 for work, labor and services pert mmcd by the libeia,~t at its shipyard at City island between September 19, 1930 and April 24, 19Th, in connection with repairs made to the yacht, including the hauling of the yacht out of water, furnishing the use of a marine railway for that purpose, sliding the yacht from the marine railway on shore and there storing her for the winter, including the rental oil a canvas cover for the yacht, and the storage of her batteries. A second cause of action in this libel is for an account stated covering the same services and in the same amount. The libel alleges that the work, labor and services were necessary for the yacht and constitute a lien against her by the maritime law and the statutes of the United States. Interest is claimed from April 24, 1931.
"The libel of Ratsey & Lapthorn, Inc., a New York corporation, against the yacht Artemis is filed to recover $1,095.87 for work, labor and services performed by the libelant, a sailmaker, at City Island, between September 6~ 1930 and March 31, 1931, in remaking, repairing and cleaning the sails and storing them for the winter layup of the yacht. A second cause of action is for an account stated for the se-me services and in the same amount. The libel alleges that the libelant is entitled to a maritime lien against the yacht for the said services both by the maritime law and the statutes of the United States. Interest is claimed from March 31, 1931.
“The libel of S. Appel & Company against the Artemis is brought by a co-partnership carrying on business at No. 18 Fulton Street, New York, as suppliers of uniforms, and alleges that at New York between August 13, and 28, 1930, inclusive, the libelant at the instance and request of the owner, master or agent of the yacht sold and delivered to the said yacht at New York certain uniforms, clothing, outfittings and other equipment for the crew of the yacht, of the agreed price and reasonable value of $589.75. The libel also alleges an account stated for the same supplies and in the same amount. It further alleges, that the supplies were necessary for the yacht and constitute a lien under the maritime law and the statutes of the United States.
“In each case the answer of the claimant, Irving Trust Company as Receiver, admits on information and belief that the allegations as to the work, labor, services and supplies are substantially true as alleged, but demands proof thereof, and denies that the libelant has a lien against the vessel by either the maritime law or the statutes of the United States.
“The Artemis and the Wasteena are both at present at the shipyard of Robert Jacob, Inc., under attachment of the marshal under process in these libels.”
The Facts.
“The Auxiliary Yacht Artemis is a steel sloop about 120 feet over all, about 90 feet at the water line and draws about 15 feet. She is