Osaka Shosen Kaisha v. Pacific Export Lumber Co., 260 U.S. 490 (1923)

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Osaka Shosen Kaisha v. Pacific Export Lumber Company

No. 129

Submitted November 23, 1922
Decided January 2, 1923
260 U.S. 490

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Whether the ship is subject to a lien to secure damages resulting from breach of a maritime affreightment contract, is a question of maritime law not controllable by a state statute. P. 495.

2. Acceptance of part of the designated cargo under a contract of affreightment creates no lien upon the ship for damages resulting from refusal to take all. P. 495.

3. The maritime lien or privilege adhering to a vessel is a secret one which may operate to the prejudice of general creditors and purchasers without notice, and is therefore stricti juris, not to be extended by construction, analogy, or inference. P. 499.

4. The lien, created by law, presupposes mutuality and reciprocity as between ship and cargo. P. 499.

272 F. 799 reversed.

Certiorari to a decree of the circuit court of appeals, affirming a decree of the district court for the libelant (the present respondent) in a proceeding in rem to enforce a claim of maritime lien.