Marshall & Co. v. S.S. "President Arthur", 279 U.S. 564 (1929)

W. A. Marshall & Co. v. S.S. "President Arthur"

No. 272

Argued February 27, 1929
Decided May 20, 1929
279 U.S. 564

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. The Ship Mortgage Act, Subsections P and S, gives a maritime lien on any vessel, whether foreign or domestic, for necessaries furnished on the order of the owner or his authorized agent, and relieves the libellant from the necessity of alleging or proving that credit was given to the vessel, but no other change in the general principles of the exiting law of maritime liens was intended. Pp. 567-568.

2. The lien may be waived by agreement or otherwise, and no express renunciation of the lien is essential. P. 568.

3. Coal was sold to the owner of a vessel under contracts providing that payment should be made on delivery by trade acceptances endorsed by designated persons who, in consideration of the contracts, agreed to make such endorsements. Neither contract referred to any lien on the vessel, and each recited that the entire contract was as therein stated, and that there was no outside condition, warranty, or understanding. Upon delivery of the coal, the libellant accepted the endorsed acceptances (one of which was later paid), and when it filed the libel against the vessel, it still retained the unpaid acceptance, and afterwards brought suit upon it against the endorsers. Held that the right to a lien was waived. P. 572.

25 F.2d 48, affirming 22 F.2d 584, affirmed.

Certiorari to the circuit court of appeals to review a decision affirming a decree of the district court which denied petitioner’s claim to a maritime lien for an unpaid balance of the purchase price of bunker coal furnished by it on the request of the owner to and for the use of the steamship.