Maguire v. Card
Annotate this Case
62 U.S. 248 (1858)
U.S. Supreme Court
Maguire v. Card, 62 U.S. 21 How. 248 248 (1858)
Maguire v. Card
62 U.S. (21 How.) 248
As this Court has decided at the present term (see the preceding case of Allen v. Newberry) that a contract of affreightment between ports and places within the same state is not the subject of admiralty jurisdiction, so it now decides that a contract for supplies furnished to a vessel engaged in such a trade is subject to the same limitation.
A rule in admiralty, adopted at the present term, takes from the district courts the right of proceeding in rem against a domestic vessel for supplies and repairs, which had been assumed upon the authority of a lien given by state laws.
The reason of the rule explained.
This was a case in admiralty, which arose in this way:
C. K. & William Garrison supplied the steamer Goliah with coal, and then assigned the claim to Card. The lien held by the Garrisons was created by the local law of California, sec. 317, 576, Compiled Laws. The claimant excepted to the libel, on the ground that the libellant was but the assignee of those with whom the contract was made by the master of the vessel, and that he had no lien. The district court overruled this exception, and gave judgment in favor of the libellant; and this judgment was affirmed by the circuit court, on appeal. The vessel was engaged in trade exclusively within the State of California.
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