United States v. Carver, 260 U.S. 482 (1923)

United States v. Carver

No. 402

Argued December 6, 1922
Decided January 2, 1923
260 U.S. 482

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Under the Maritime Lien and Ship Mortgage Acts, June 23, 1910, c. 373, 36 Stat. 604; June 5, 1920, c. 250, § 30, 41 Stat. 1000, 1005, no lien arises for supplies furnished a chartered vessel where the charter forbids it and where the materialman, by reasonably diligent investigation, could have ascertained there was a charter and gained knowledge of its terms. P. 489.

2. A charter party provided that the charterer would not "suffer nor permit to be continued any lien . . . which has or might have priority over the title and interest of the owner," and that, in any event, within fifteen days, the charterer would provide for the satisfaction or discharge of every claim that might have such priority, or cause the vessel to be discharged from such lien, in any event, within fifteen days after it was imposed. Held that the charterer was under a primary obligation not to suffer any lien to be imposed. P. 489.

Questions certified by the circuit court of appeals, arising upon an appeal from a judgment of the district court in admiralty upholding a claim of right to a maritime lien in a suit in personam brought against the United States and the receiver of a ship corporation under the Suits in Admiralty Act.