Moore v. Lincoln Park & Steamboat Consolidated Co.
Moore v. Lincoln Park & Steamboat Consolidated Co.
Opinion of the Court
We are satisfied from a careful examination of the claims made by the appellants upon the fund for distribution that the conclusions arrived at Ly the learned court below were substantially correct. As the learned judge of the court below in his opinion of July 5,1899, sustained some of the exceptions to the report of the auditor, and referred it back to him for the purpose of restating the account and allowances, it could not be considered as a final decree of distribution. Besides the opin
Reference
- Full Case Name
- Moore v. Lincoln Park and Steamboat Consolidated Company
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- 11 cases
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- Syllabus
- Appeals — Interlocutory order. An order sustaining in part exceptions to an auditor’s report, and referring the matter back to the auditor, is an interlocutory and not a final order. Ships and shipping — Enrollment—Mortgage—Corporation. A corporation may enroll a ship which it owns in a port in which it transacts its business, although such port is not the home port of the corporation, and a mortgage on the ship enrolled in the same port in which the ship is enrolled, will give a valid lien upon the ship. Receivers — Compensation— Counsel fees — Steamships. Where receivers of a steamship company sell vessels of the company upon which maritime liens have been fixed prior to the receivership, they cannot diminish the fund due to the owners of such liens by retaining an allowance for receivers’ commissions and counsel fees. For such allowances they must look to the other property of the company. Maritime liens — Supplies and repairs — Credit of owner — Contract. A maritime lien for repairs and supplies to a vessel cannot be acquired where it appears that the repairs and supplies were furnished upon the credit of the owners, and not of the vessel.