Ship Mortgage Act Of 1920

44 Florida cases classified under this topic · sorted by citation count · browse and sort

• The Merchs. Nat'l Bank OF Mobile v. The Dredge Gen. G. L. Gillespie
  663 F.2d 1338· 5th Cir.· 1981-12-18 ·cited 43×
  The dissent argues that Rule C's procedure for prejudgment seizure of a vessel, authorized solely by the clerk based on ex parte allegations, violates due process requirements established by the Supreme Court.
• J. RAY McDERMOTT & Co., Inc. v. The Vessel Morning Star
  457 F.2d 815· 5th Cir.· 1972-03-23 ·cited 41×
• Merchs. & Marine Bank v. THE Fishing Vessel T. E. Welles
  289 F.2d 188· 5th Cir.· 1961-04-12 ·cited 30×
  A renewal mortgage, even with a formal satisfaction of the prior mortgage, retains the priority of the initial mortgage unless a contrary intention clearly appears, and the renewal mortgage is prior to liens arising during the initial mortgage period.
• Brandon v. Denton
  302 F.2d 404· 5th Cir.· 1962-04-10 ·cited 29×
  The court held that the priority of a preferred ship mortgage under the Ship Mortgage Act is determined by U.S. law, not foreign law, and that the 1954 amendment to the Act, including its proviso, must be applied as written, even if it conflicts with a treaty.
• McCORKLE v. The First Pa. Banking & Tr. Co.
  459 F.2d 243· 4th Cir.· 1972-04-20 ·cited 25×
  A federal court lacks subject-matter jurisdiction over a dispute involving a non-preferred ship mortgage, even if federal law is implicated as a defense, and must dismiss the case.
• Payne v. SS Tropic Breeze
  423 F.2d 236· 1st Cir.· 1970-03-11 ·cited 24×
  The court held that the Master's claims for post-arrest expenses and travel to secure funds were superior to the mortgage, but claims for wages, double wages, and disbursements were subordinate.
• Hercules Co., Inc. v. The Brigadier Gen. Absolom Baird
  214 F.2d 66· 3d Cir.· 1954-06-17 ·cited 21×
  A contract to repair a vessel and ready her for a voyage is maritime and supports admiralty jurisdiction, and a recorded mortgage does not defeat a repairman's lien unless it is a 'preferred mortgage' under the Ship Mortgage Act.
• Rainbow Line, Inc. v. M/V Tequila (ex Linglee)
  480 F.2d 1024· 2d Cir.· 1973-06-18 ·cited 20×
  A breach of a charter party gives rise to a maritime lien under U.S. law, which can have priority over a subsequently recorded mortgage if it attached before the mortgage was recorded.
• Jeffrey v. Henderson Bros., Inc.
  193 F.2d 589· 4th Cir.· 1951-12-29 ·cited 20×
  Maritime liens for wages and supplies have priority over a ship mortgage when the vessel is not withdrawn from navigation and the supplies are furnished for the vessel's use, even if not delivered directly to it.
• TTT Stevedores OF Tex., Inc. v. M/V Jagat Vijeta
  696 F.2d 1135· 5th Cir.· 1983-02-04 ·cited 18×
  The court held that TTT Stevedores had a valid maritime lien because it lacked actual knowledge of the 'no lien' provision in the charterparty at the time the contract was made, and thus the vessel owner was not entitled to damages for wrongful seizure.
• Int'l Paint Co., Inc. v. M/V Mission Viking
  637 F.2d 382· 5th Cir.· 1981-02-19 ·cited 18×
  The court held that the mortgage instrument did not waive the mortgagee's statutory priority and that a catering firm was subrogated to crew wages liens, entitling it to prejudgment interest.
• W. Winds, Inc. v. M.V. Resolute
  720 F.2d 1097· 9th Cir.· 1983-11-21 ·cited 17×
  Contributions to employee trust funds are not considered 'wages of the crew' for the purpose of establishing a preferred maritime lien under 46 U.S.C. § 953, absent an actual loss of benefits.
• NAT G. Harrison Overseas Corp. v. Am. Barge SUN Coaster
  475 F.2d 504· 5th Cir.· 1973-03-08 ·cited 17×
  The court held that the Ship Mortgage Act preempts state usury laws and that the note's structure indicated payments should be applied ratably to principal and interest, requiring recomputation.
• Gen. Elec. Credit Corp. v. The OIL Screw Triton
  712 F.2d 991· 5th Cir.· 1983-08-22 ·cited 16×
  Reasonable attorney's fees provided for in a preferred maritime ship mortgage agreement are entitled to the same priority in payment from judicial sale proceeds as the principal and interest of the debt secured by the mortgage.
• Fred Parks for Gulf Transp. Co. v. B. F. Leaman & Sons, Inc.
  279 F.2d 529· 5th Cir.· 1960-06-23 ·cited 14×
  The court held that the appeals were moot and lacked jurisdiction because the appellant was not a party to the admiralty proceedings and the res had been sold.
• Seattle-First Nat'l Bank v. Bluewater P'ship
  772 F.2d 565· 9th Cir.· 1985-09-24 ·cited 12×
  The court held that Pacific's appeal was dismissed for lack of jurisdiction because it failed to appeal the final judgment. The court affirmed the judgment for Sea-First against other lien claimants, finding Sea-First met the statutory requirements to act as a ship mortgage trust
• J. RAY McDERMOTT & Co., Inc. v. The Vessel Morning Star
  431 F.2d 714· 5th Cir.· 1970-09-15 ·cited 12×
  The court held that the jury instruction stating unsuitability of the vessels did not necessarily mean the contract was breached was erroneous, requiring reversal and remand for a new trial. The court also vacated the foreclosure judgment pending the outcome of the new trial.
• Mobile Marine Sales v. M/V Prodromos
  776 F.2d 85· 3d Cir.· 1985-11-04 ·cited 8×
  The court affirmed the district court's interlocutory order, holding that the Panamanian mortgage on the M/V PRODROMOS was duly registered under Panamanian law and therefore qualified as a preferred mortgage under the Ship Mortgage Act of 1920. The omission of the navigation lice
• Tramp OIL & Marine, Ltd. v. M/V Mermaid I
  743 F.2d 48· 1st Cir.· 1984-09-13 ·cited 8×
  The court held that the district court abused its discretion by dismissing the action on forum non conveniens grounds without first determining if an adequate alternative forum existed for the plaintiff's maritime lien claim.
• Tropicana Shipping, S.A. v. Empresa Nacional "Elcano" de la Marina Mercante
  366 F.2d 729· 5th Cir.· 1966-09-12 ·cited 8×
  The court held that the trial court did not err in foreclosing the ship mortgage, affirming the finding that no promissory notes were delivered and that admiralty jurisdiction was proper.
• Crabtree v. THE SS Julia
  290 F.2d 478· 5th Cir.· 1961-05-19 ·cited 8×
  The court held that the trial court erred in denying a maritime lienor leave to intervene in an in rem action after the vessel's sale to assert claims against the proceeds.
• ALL Alaskan Seafoods, Inc. v. M/V SEA Producer
  882 F.2d 425· 9th Cir.· 1989-08-14 ·cited 6×
  A claim for cargo damage can sound in tort, independent of contract, and thus qualify as a preferred maritime lien under the Ship Mortgage Act, taking priority over a preferred ship mortgage.
• Citibank, N.A. v. The Vessel Am. Me.
  865 F.2d 24· 2d Cir.· 1988-12-27 ·cited 6×
  Unpaid employer contributions to a pension trust fund are not 'wages of the crew' entitled to preferred maritime lien status under the Ship Mortgage Act.
• In re Pasquale Alberto
  823 F.2d 712· 3d Cir.· 1987-06-30 ·cited 6×
  A ship mortgage is valid against third parties when properly filed for recordation with the Coast Guard and retained in a manner that permits diligent prospective creditors to learn of the lien, even if the Coast Guard's final recording is delayed.
• Custom Fuel Servs., Inc. v. Lombas Indus., Inc.
  805 F.2d 561· 5th Cir.· 1986-12-09 ·cited 6×
  A parent corporation cannot insulate its vessel from maritime liens by transferring title to a wholly-owned subsidiary and taking back a sham mortgage, even if statutory procedures are followed.
• The Mastan Co. v. Steinberg
  418 F.2d 177· 3d Cir.· 1969-11-18 ·cited 6×
  The court held that the Ship Mortgage Act's federal standards for good faith apply, not state law, and that the evidence supported the finding of good faith in the mortgage transaction.
• Jackson v. Inland OIL & Transp. Co.
  318 F.2d 802· 5th Cir.· 1963-04-19 ·cited 6×
• The Favorite. the Hook Mountain. the Bear Mountain
  120 F.2d 899· 2d Cir.· 1941-06-13 ·cited 6×
  A preferred ship mortgage, properly recorded and endorsed, retains its priority even if not foreclosed immediately upon maturity, and this priority is not lost due to the analogy with bottomry bonds or laches.
• The Ark
  S.D. Fla.· 1926-11-15 ·cited 6×
  A district court held that a houseboat moored to shore without permanent attachment falls within admiralty jurisdiction, and that persons furnishing repairs and materials to the vessel pursuant to orders from those lawfully in possession have maritime liens under the 1910 Act, un
• Bollinger & Boyd Barge Serv., Inc. v. The Motor Vessel
  576 F.2d 595· 5th Cir.· 1978-07-12 ·cited 4×
  The court held that the trial court erred in granting summary judgment for the defendants without determining the fair market value of the vessel, and that a full trial is necessary to establish this value for calculating any deficiency judgment.
• Oriente Commercial, Inc. v. The Am. Flag Vessel
  529 F.2d 221· 4th Cir.· 1975-11-10 ·cited 4×
  Claims against a ship as a common carrier for damage to or loss of cargo are preferred maritime liens for damages arising out of tort, and thus superior to a valid preferred mortgage lien.
• Nw. Marine Works v. United States
  307 F.2d 537· 9th Cir.· 1962-08-17 ·cited 4×
  The court held that the government, by operating the vessel for its own benefit instead of strictly foreclosing, assumed the risk of losses and could not claim priority for its advances over existing maritime liens.
• Moore v. United States
  302 F.2d 918· D.C. Cir.· 1962-04-26 ·cited 4×
  The court held that custodial costs incurred after a vessel's arrest have priority over a preferred ship mortgage, thus denying the mortgagee's claim for a new mortgage when those costs exceeded the sale price and mortgage balance.
• Avondale Shipyards, Inc. v. Tank Barge ETS 2303
  754 F.2d 1300· 5th Cir.· 1985-03-15 ·cited 2×
  A renewal mortgage can take priority over intervening maritime liens even if a new mortgagor assumes the original indebtedness, provided the parties intended to renew the lien and intervening lienholders are not prejudiced.
• Horizon Creditcorp v. OIL Screw "Innovation I"
  730 F.2d 1389· 11th Cir.· 1984-04-26 ·cited 2×
  The court held that appellants were entitled to a jury trial on the issue of damages, even after a separate trial on liability, because the court's jurisdiction was based on diversity.
• Chem. Bank NEW York Tr. Co. v. Steamship Westhampton (formerly Steamship Montauk Point)
  358 F.2d 574· 4th Cir.· 1965-04-05 ·cited 2×
  The court held that a mortgage securing a single bond issued to a single alien investor qualifies as a "bond issue" under the Ship Mortgage Act, entitling it to preferred status if otherwise valid. However, the court also found that the issuance of the bond to an alien without Ma
• Findley v. Robert C. Herd & Co., Inc.
  250 F.2d 77· 5th Cir.· 1957-12-12 ·cited 2×
  The court held that the arrangements between the parties constituted a chattel mortgage, not a transfer of ownership, and therefore the claimant was a mortgagee, not the owner, and the libellants were entitled to maritime liens for supplies and services.
• Russell-Brown v. Jerry
  231 F. Supp. 284· N.D. Fla.· 2010-08-19 ·cited 1×
  The court granted the plaintiff's motion for voluntary dismissal without prejudice, but conditioned it upon the plaintiff reimbursing the defendants for their reasonable costs and attorney's fees incurred in both the original and current Florida cases.
• Dietrich v. Key Bank, N.A.
  693 F. Supp. 1112· S.D. Fla.· 1988-08-19 ·cited 1×
  Parties to a ship mortgage can contractually agree to use state law self-help remedies for repossession and private foreclosure, and such an agreement permits a deficiency judgment. Federal law provides the exclusive judicial foreclosure mechanism, but does not preclude contractu
• Int'l Marine Research Inst., Inc. v. Rumpel
  2006 U.S. Dist. LEXIS 38171· M.D. Fla.· 2006-06-09
  International Marine Research Institute sought declaratory judgment that John Rumpel held no valid maritime liens against the Vessel Victoria based on two Notices of Claim of Lien he recorded with the Coast Guard. The court granted summary judgment on the $300,000 lien claim aris
• United States v. Sec. Marine Credit Corp.
  767 F. Supp. 260· S.D. Fla.· 1991-05-23
  The court held that the claimant lacked standing to seek attorneys' fees under the criminal forfeiture statute because its claim for fees, arising from the mortgage, was unsecured and non-forfeited assets were available for pursuit.
• Redwood Empire Prod. Credit Ass'n v. O/S Coos BAY
  776 F.2d 876· 9th Cir.· 1985-11-19
  The court held that a vessel sale, confirmed as a matter of law due to lack of timely objection, cannot be collaterally attacked seventeen months later for an alleged defect in publication of notice.
• In re the Complaint of Rodco Marine Servs., Inc. v. Liliana Migliaccio
  651 F.2d 1101· 5th Cir.· 1981-07-30
  The court affirmed the deputy commissioner's finding that a claimant was not entitled to disability benefits due to a lack of continuing disability and an insufficient work search, but a concurring opinion questioned the restrictive burden placed on claimants regarding work searc
• United States v. Flood
  247 F.2d 209· 1st Cir.· 1957-07-17
  A federal tax lien is subordinate to a maritime lien for supplies, even if the tax lien arises first.