United States Supreme Court Cases & Opinions

U.S. Supreme Court

New York Dock Co. v. Steamship Poznan, 274 U.S. 117 (1927)

New York Dock Co. v. Steamship Poznan

No. 229

Argued March 15, 1927

Decided April 11, 1927

274 U.S. 117

Syllabus

1. Wharfage service rendered to an arrested ship with the approval or permission of the admiralty court and inuring to the benefit of the fund arising from her sale is entitled to preference, in the distribution of the fund, over the claims of libeling cargo owners. P. 274 U. S. 120.

2. Such preference is not based on a lien, but is an incident of the equitable administration of the fund. P. 274 U. S. 120.

3. A finding of a special commissioner, confirmed by the district court, as to the reasonable value of wharfage should not be disturbed here when based on a fair trial and sustained by evidence. P. 274 U. S. 123.

4. Objections respecting the amount so found, not raised or considered below, will be examined here only so far as necessary to make certain that no palpable error was committed. P. 274 U. S. 123.

9 F.2d 838 reversed.

297 F.3d 5 affirmed.

Certiorari (269 U.S. 547) to a decree of the circuit court of appeals which reversed a decree of the district court, in admiralty, allowing preferential payment of wharfage out of a fund arising from the sale of a vessel.

Page 274 U. S. 118