- Seamen asserted claims for wages against a ship that had been seized in Iceland and sold in foreclosure to the Δ
- Icelandic jurisdiction in the in rem foreclosure proceeding was based on constructive possession of the vessel via the vessel’s paper
- Δ raises defenses of laches and execution sale as clearing all liens
- Court held that actual, not constructive, seizure is needed in order to put claimants on notice as to the execution sale
- Laches defense involved analysis of actual notice to the seamen
- Factors emphasized:
- Whether seamen’s employer knew of seamen’s claims when suit was filed in Ireland, and if so;
- Whether the employer had an obligation to inform either the Icelandic court or the vessel purchaser at the auction and
- Whether the purchaser was prejudiced by enforcement of the claims
Sunday, May 18, 2014
Thornsteinsson v. M/V Drangur case brief summary
Thornsteinsson v. M/V Drangur (1990)
Earning a Juris Doctor (JD) degree is a significant accomplishment, opening a wide array of career paths beyond the traditional legal practi...
Class 1: Elements of Fundamental Value: Present Value, Future Value, Net Present Value: Elements of Fundamental Value (38) One year : ...
I can help you land in the top 10% of your law school class. Imagine, how your life would be different if you were in the top 10% o...
Corthell v. Summit Thread Company (1933) · Facts: Corthell is a salesman for Summit. He invents contraption that is bought b...