A Survey of Recent Cases in Admiralty

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University of California. May, 1923 - Admiralty - 5 pages

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Page 4 - We regard these words as too plain for argument. They do not allow the materialman to rest upon presumptions until he is put upon inquiry, — they call upon him to inquire. To ascertain is to find out by investigation. If, by investigation with reasonable diligence, the materialman could have found out that the vessel was under charter, he was chargeable with notice that there was a charter; if, in the same way, he could have found out its terms, he was chargeable with notice of its terms.
Page 2 - ... but nothing in this Act shall be construed to confer a lien when the furnisher knew, or by the exercise of reasonable diligence could have ascertained, that because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering the repairs, supplies, or other necessaries was without authority to bind the vessel therefor.
Page 13 - Any one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement.
Page 4 - ... if the circumstances attending the transaction put him on inquiry as to the existence and terms of such charter party, but he failed to make inquiry, and chose to act on a mere belief that the vessel would be liable for his claim.
Page 13 - Generally speaking a chose in action assignable only in equity must be assigned subject to the equities existing between the original parties to the contract. But this is a rule that must yield when it appears from the nature or terms of the contract that it must have been intended to be assignable free and unaffected by such equities.
Page 13 - It is, of course, not difficult to imagine a case where a recital is put into a contract for the very purpose of having it acted on. For example, conditional sales contracts of automobiles are largely dealt in by way of sale and assignment, and if it appeared in the present case that the defendant had acknowledged the receipt of the subject of the sale prior to his actually having received it, in order that his...

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