Page:Federal Reporter, 1st Series, Volume 1.djvu/295

 m- SB WAUtTJF. 287 �service as tîiat now in controversy. The libellants, therefore, who are the owners of the "WHd Boy," were the owners of one-baU the claim originallj, and, having obtained the other half bj assignmeut, my opinion is that they are entitled to sue for the whole. �4. Whether the service was in the nature of salvage or not, makes no difference as to the right of libellants to a lien. If, however, this were a case of salvage, they might recover extra compensation. In my opinion the eircumstances were not BO extraordinary, nor the peril sufficiently great, to justify an extra allowance, on the theory that the services vrere in the nature of salvage. I am strengthened in this view by the fact, which appears in, evidence, that the biil, as at first pre- sented by the master of the "Wild Boy," was for $175 — only the evidence is very conflicting as to what would have been a reasonable compensation, as it is also upon the question whether there was a contract to render the service at $7 per hour; but, inasmuch as the sum of $175 was originally fixed by the master of the tug, who was ■^he person who made the contract and rendered the service, and, inasmuch as that is about the sum that is eatablished by the weight of the evi- dence, I have adopted it w the amount of the libellants' recovery. �The decree below is modified aocordingly, and the vessel ia eharged with a lien for $175, with interest and costs. ���IM THE Mattibb op Walbttp, Bankrupt. �(Cireuii Court, K D. Mitxntri. March 20, 1880.) �Baus— FAi.aE Pkbtkncm — KATurcATioir. — ^The refusai of a vendor to take b&ck goods obtained by f aise pretences, in ordcr to obtain a preferenco over other creditors, «moanUi to a ntiûcation of the sale. �In bankruptcy. Appeai from district court. Jacob Klein, for assignee. Patrick e Frank, for petitioners. ��� �