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Morse Drydock & Repair Co. v. Steamship Northern Star, 271 U.S. 552 (1926)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Morse Drydock & Repair Co. v. Steamship Northern Star, 271 U.S. 552 (1926)
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Morse Drydock & Repair Company v. Steamship Northern Star No. 326 Argued May 6, 7, 1926 Decided June 7, 1926 271 U.S. 552
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Subsection R of § 30 of the Ship Mortgage Act of June 5, 1920, providing that nothing therein shall be construed to confer a lien for repairs when the furnisher, by exercise of reasonable diligence, could have ascertained that, because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering the repairs was without authority to bind the vessel therefor, does not attempt to forbid a lien for repairs simply because the owner has stipulated with a mortgagee not to give any paramount security on the ship; the most that such a stipulation can do is to postpone the claim of the party chargeable with notice of it to that of the mortgagee. P. 553.
2. Under the Ship Mortgage Act of June 5, 1920, a maritime lien for repairs ordered by the owner takes precedence over a mortgage of the ship which was executed, and recorded in the office of the Collector, before the repairs were made, and a certified copy of which was kept with the ship’s papers since before that time, but which was not endorsed upon the ship’s papers by the Collector, the Act requiring such an endorsement in order that the mortgage may be valid against persons not having actual notice. P. 555.
7 F.2d 505 reversed.
Certiorari to a decree of the circuit court of appeals which affirmed a decree of the district court (295 F. 366) sustaining the prior claim of an intervening mortgagee, in a suit to enforce a maritime lien for repairs against a vessel.
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Chicago: U.S. Supreme Court, "Syllabus," Morse Drydock & Repair Co. v. Steamship Northern Star, 271 U.S. 552 (1926) in 271 U.S. 552 271 U.S. 553. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VWU49LJLZJKIZI1.
MLA: U.S. Supreme Court. "Syllabus." Morse Drydock & Repair Co. v. Steamship Northern Star, 271 U.S. 552 (1926), in 271 U.S. 552, page 271 U.S. 553. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VWU49LJLZJKIZI1.
Harvard: U.S. Supreme Court, 'Syllabus' in Morse Drydock & Repair Co. v. Steamship Northern Star, 271 U.S. 552 (1926). cited in 1926, 271 U.S. 552, pp.271 U.S. 553. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VWU49LJLZJKIZI1.
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