Roberts v. Andrews

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an application to set aside a warrant of arrest and strike an in rem action. The case concerned a joint venture fishing operation in which the Plaintiff provided fishing licenses and the Defendant provided, inter alia, a fish packing vessel. A dispute arose as to the distribution of profits and the Plaintiff commenced this proceeding and arrested the fish packer. The motions Judge held that the fishing licenses were privileges granted to persons and not vessels and the Plaintiff’s supply of the licenses to the joint operation was neither a supply of necessaries nor services and, even if they were, they were not supplied to the fish packer. In the result the in rem action was struck and the arrest set aside.