# Brown v. The Albany

> District Court, S.D. New York · July 1, 1858 · 4 F. Cas. 351

URL: https://www.frixlaw.com/law-library/cases/8629020

## Case

- **Full name:** BROWN v. The ALBANY
- **Court:** District Court, S.D. New York
- **Decided:** July 1, 1858
- **Citations:** 4 F. Cas. 351
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Betts
- **Judges:** Betts
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8629020

## Opinion text

BETTS, District Judge,
said that the TJ. S. supreme court, in the case of Pratt v. Reed [19 How. (60 TJ. S.) 359], had decided that no man could have a tacit lien upon any foreign vessel for supplies furnished to her except under circumstances which would authorize a bottomry hypothecation upon her; that this court, being bound by the rule in that decision, must require of libelants in all eases to bring themselves- *352 within that rule by their pleadings, and to ayer that the owner has no funds or credit on which to procure the supplies, except the credit of the vessel, and the motion must accordingly be granted; but the court would allow the libelant to amend his libel by inserting such an allegation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8629020. Public record. Not legal advice.