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Admiralty Law Keyed to Maraist
Bank One, Louisiana v. Mr. Dean MV
Citation:
293 F.3d 830 (2002)Facts
BargeCarib, Inc., a subsidiary of American Rice, Inc., executed a time charter agreement with Offshore Supply Ships, Inc. for the towboat M/V SOVEREIGN to provide propulsion for BargeCarib’s barge LAURIKRISTI for one year beginning August 15, 1996. BargeCarib began using the SOVEREIGN and later exercised its contractual right to extend the charter for another year. On May 20, 1997, Offshore sold the SOVEREIGN to Global Towing, LLC, which financed the purchase through First National Bank of Commerce (FNBC) with a $2,000,000 preferred ship mortgage recorded on May 21, 1997. After the sale, Global failed to deliver the vessel (now renamed MR. DEAN) or a suitable substitute as required under the charter. BargeCarib sued for breach of charter, and the court determined the breach occurred on July 10, 1997. When Global defaulted on its loan, Bank One (successor to FNBC) filed suit against the vessel. BargeCarib intervened, asserting a maritime lien based on the charter breach. The district court granted summary judgment to Bank One, finding its mortgage had priority over BargeCarib’s maritime lien.
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