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The Eugenia Emilia

The Eugenia Emilia, 298 F. 340 (D. Mass. 1924)
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Court
District Court, D. Massachusetts · Federal District Courts
Decided
February 8, 1924
Docket
No. 2380
Judges
Lowell
Citations
298 F. 3401924 A.M.C. 5381924 U.S. Dist. LEXIS 1632

Opinion of the Court — Lowell

Text extracted by OCR from a scanned original; check the original for exact wording.

LOWELL, District Judge.

This vessel was forfeited to the United States for illegal importation of cocaine and intoxicating liquor. There are several claimants, including the United States of America, to the proceeds in the registry arising from the sale of the vessel. I rule that the materialmen and those advancing money or furnishing services have a right to this fund prior to the claim of the United States. The St. Jago de Cuba, 9 Wheat. 409 , 6 L. Ed. 122 ; North American Commercial Co. v. U. S., 81 Fed. 748 , 26 C. C. A. 591 .

It is admitted that Capt. Hammett should receive $50 for the use of his chronometer. This sum I allow. I refuse him any further compensation. The Nebraska, 75 Fed. 598 , 21 C. C. A. 448 . While it is true that under certain circumstances a master is given a lien when the owner is on board, as he was in the case at bar, I do not think that the present case is one where an exception to the general rule should be made.

Certain claims for nonmaritime services or expenses are refused. These include a claim by the immigration commissioner for expenses in deporting aliens who were wrongfully brought over on the vessel, aand also a claim of the New Bedford Storage Warehouse Company for the rent of a hall. The other claims for services, advances, or supplies will be allowed in the reverse order of their rendition. Hughes, Admiralty (2d Ed.) p. 391.

I am in doubt as to the dates of the furnishing by the other claimants of their services, advances, or supplies. The case may1 be sent to a master to determine the priorities of the remaining claimants.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11927: 11928: 11931: 11951: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. The Thomaston26 F.2d 279 (D. Maryland 1928)
  2. The Minnie V.24 F.2d 604 (D. Mass. 1927)
  3. The Mariner298 F. 108 (D. Mass. 1924)
  4. Bard v. the Silver Wave98 F. Supp. 271 (D. Maryland 1951)
  5. Jackman v. United States54 F.2d 227 (1st Cir. 1931)

Most recent

  1. Bard v. the Silver Wave98 F. Supp. 271 (D. Maryland 1951)
  2. Jackman v. United States54 F.2d 227 (1st Cir. 1931)
  3. The Thomaston26 F.2d 279 (D. Maryland 1928)
  4. The Minnie V.24 F.2d 604 (D. Mass. 1927)
  5. The Mariner298 F. 108 (D. Mass. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
The St. Jago De Cuba. Vinente, & Others, 22 U.S. (9 Wheat.) 409 (1824) 91
The Neb., 75 F. 598 (7th Cir. 1895) 6
North Am. Commercial Co. v. United States, 81 F. 748 (9th Cir. 1897) 5

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