Maguire v. Card

THIS case was brought up by appeal from the Circuit Court of the United States for the district of California.

It 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, p. 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.

It was argued in this court by Mr. Blair for the appellant, and Mr. Doyle for the appellee.

Mr. Blair contended that an assignee had no right to sue under the statute, and that the court below had no jurisdiction, because the assignee had no maritime contract with the ship.

Mr. Doyle stated the questions to be—

1. Had Garrison & Co. a lien, or jus in re, on the boat?

2. Was that a lien capable of being assigned?

The precise question of jurisdiction, as decided by this court, was not argued by the counsel on either side.

Mr. Justice NELSON delivered the opinion of the court.