Parmenter v. Murphy

Nos. 152, 153, and 154
Decided Circuit Court of Appeals, First Circuit
Disposition
affirmed
full scope · unanimous
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Court
District Court of the United States for the District of Massachusetts
Decided
Judge
PUTNAM, Circuit Judge
Posture
Decrees entered against vessels on libels for supplies
Owner of the vessels (1)
Parmenter
Eugene P. Carver, Edward E. Blodgett
v.
Libelants (suppliers)s (2)
Murphy and Lamper et al.
Frederic Dodge, Edward S. Dodge

Overview

In each case, the decree of the district court is affirmed, with interest, and with the costs of this court against the appellant.

Case summary

This case involves appeals by the owner of coasting steamers from district court decrees granting maritime liens to suppliers for coal and water furnished to the vessels. The supplies were delivered at wharfs during short coastwise trips, in small quantities for daily use, with the master present but owner and charterers absent. The owner argued supplies were furnished on charterers' credit, with libelants having notice, and on charterers' orders. The Circuit Court affirmed, holding that such supplies furnished under these circumstances create a prima facie presumption they were furnished with the master's acquiescence, binding the vessel, even if orders came from engineers or subordinate agents. The court found the owner failed to rebut this presumption by proving libelants knew orders came from charterers.

Abstract

Appeals were filed by the owner of coasting steamers challenging district court decrees that granted maritime liens to suppliers for coal and water furnished to the vessels during short coastwise trips. The supplies were delivered in small quantities for daily use at wharfs with the master present but owner and charterers absent, and the owner argued they were furnished on the charterers' credit with notice to suppliers. The court affirmed, holding that such supplies create a prima facie presumption of being furnished with the master's acquiescence, binding the vessel, which the owner failed to rebut by proving suppliers knew orders came from charterers.

Opinion of the court

Majority
opinion
PUTNAM, Circuit Judgejoined by COLT, WEBB
  • Supplies furnished in master's presence create presumption of acquiescence
  • Impractical to require proof of express orders for routine supplies
  • Owner failed to rebut presumption by showing libelants knew of charterers' involvement

Jurisdiction

not challenged
Subject matter
Maritime liens for supplies furnished to vessels
Jurisdictional facts
  • Appeals from decrees on libels against coasting steamers for supplies of coal and water

Procedural posture

Posture at trial
Decrees entered against vessels on libels for supplies
Posture on appeal
Direct appeals from district court decrees
Preserved issues
  • Whether supplies were furnished on credit of vessel vs. charterers
  • Whether libelants had notice of charter
  • Whether supplies were furnished on order of master/owners vs. charterers
Unpreserved issues
  • Laches on part of libelants
  • Lack of proof coal went aboard steamer

Legal categories

Business

Case record

Full case name
THE PHILADELPHIA. THE BALTIMORE. PARMENTER v. MURPHY (two cases). SAME v. LAMPER et al.
Docket number
Nos. 152, 153, and 154
Court
Circuit Court of Appeals, First Circuit
Trial court
District Court of the United States for the District of Massachusetts
Decided
Opinion author
PUTNAM, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
COLTPUTNAMWEBB

Issues & holdings

3
Issues raised
3
affirmed
2
Holdings
Standard of review

Clearly erroneous

Disposition rationale

Court found supplies furnished on credit of vessels based on evidence

Preservation

Issue preserved for review

Standard of review

Clearly erroneous

Disposition rationale

Court found owner failed to prove libelants had such notice

Preservation

Issue preserved for review

Standard of review

Clearly erroneous

Disposition rationale

Court found supplies furnished with master's presumed acquiescence regardless of who gave immediate orders

Preservation

Issue preserved for review

Holdings of the court

Presumption for maritime liens on supplies
Supplies of coal and water furnished at wharf to foreign steamers at port of touch, in quantities needed for daily use, in master's presence and control, are presumed prima facie furnished with master's acquiescence to bind vessel
Master's presence and control create presumption of acquiescence; impractical to require proof of express orders for routine supplies; libelants entitled to rely on apparent course of business
unanimousbinding precedent
Application to specific cases
Presumption applies even when orders given by engineer or subordinate agent acting under master's eye at wharf
Engineer/subagent acts qua master; transactions in usual course of business; owner failed to rebut presumption by showing libelants knew orders came from charterers
unanimousbinding precedent

Error analysis

  • District court should have found supplies furnished on charterers' credit, with libelants' notice, and on charterers' orders — evidentiary · no error foundCourt reviewed evidence and found no error in factual findings · not applicable
  • Laches by libelants and lack of proof coal went aboard — procedural · error forfeited

Burden of proof

Prosecution burden
Libelants must establish prima facie case for maritime lien
Defence burden
Owner must rebut presumption by showing libelants knew supplies furnished on charterers' orders
Burden met
true
Burden-shifting issues
  • Presumption shifts burden to owner to prove libelants had notice of charterers' involvement

Standards of review

  • Factual findings regarding credit, notice, and orders — clearly erroneous Issues raise pure questions of fact involving weighing contradictory testimony

Timeline

appeal eventcited in opinion

Circuit Court of Appeals issues opinion affirming district court decrees

Outcome: Decrees affirmed

Final disposition of appeals establishing presumption for maritime liens

All issues on appeal
Circuit Judges COLT, PUTNAM · District Judge WEBB appellate court

Facts & evidence

Incident

Location
Boston area ports (Beverly, Lynn)

Key facts

6 facts
  1. Owner of coasting steamers appealed decrees on libels for supplies of coal and water
  2. Supplies furnished at wharfs at ports of touch during short coastwise trips
  3. Supplies delivered in small quantities as needed for daily use
  4. Master present and in control during deliveries
  5. Owner and charterers absent during deliveries
  6. Some orders given by engineers or subordinate agents

Disputed questions

  • Whether supplies furnished on credit of vessel or charterers
  • Whether libelants had notice of charter
  • Whether orders came from master or charterers

Procedural history

3 steps
  1. Libels filed against steamers for supplies
  2. District court found for libelants
  3. Owner appealed

Evidence in the record

Testimonial
  • Witness testimony apparently contradictory on who gave orders
  • Engineer testimony about written orders from charterers which proof failed
Circumstantial
  • Supplies delivered at wharf with master present
  • Usual course of business for engineers to order coal
  • Telephone messages from Boston sometimes received
Challenged
  • Evidence type: Testimony about orders · Challenge basis: Whether orders came from master or charterers · Trial court ruling: admitted · Reasoning: Court weighed testimony and found presumption of master's acquiescence · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

Coal and water supplies furnished to steamersWharfs at ports of touch (Beverly, Lynn)

Authorities

Standards & doctrines

  • Prima facie presumption of master's acquiescence for maritime liens
  • Clearly erroneous standard for factual review

Legal principles applied

  • Supplies furnished in master's presence create presumption of acquiescence binding vessel
  • Practical impossibility of requiring proof of express orders for daily supplies
Index terms58
Summary terms
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Judges
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
affirmed
Target
Decrees of the district court
Appealed from
District Court of the United States for the District of Massachusetts
Context
Court affirmed decrees granting maritime liens to suppliers for coal and water furnished to vessels
Scope
full
Further instructions
Affirmed with interest and costs against appellant
Disposition vote
unanimous
Search facets
Parties
Judges
ColtPutnamWebb
Courts
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