Page:Federal Reporter, 1st Series, Volume 1.djvu/898

 890 FEBEBAL BEFOBTEB. �exceed that sum. Whether he is entitled to that amount îs dependent upon the question next to be considered, namely, whether the interest of Eadmann in this charter of the Blag- den had been transferred to Janssen before the service of the attachment in Dent's suit, as Janssen now claims. �The determination of this question of fact I should have been glad to avoid, if possible, because of the flat contradic- tion between the witnesses. But, brought as I am to face that question, I am constrained to say that the impression produced upon my mind by the testimony, taken together, is adverse to the position that the interest of Eadmann in the charter of the Blagden was transfered to Janssen prior to the attachment of Dent, and my conclusion is that such transfer was subsequent to Dent's attachment. The assignment to Janssen bas, therefore, no effeot to defeat the operation of Dent's attachment upon the debt then due and owing to Eadmann from Patterson, which debt, as already pointed out, amoujated to the sum of $396.22, and no more. It foUows, of course, that Dent is entitled to have satisfaction of his claim against Eadmann, to that amount, out of the fund in dispute. �These conclusions leave little to be said in regard to the claim of Janssen. The libel of Janssen was filed so long after the departure of the Blagdsn upon the voyage described in the charter that, in the absence of any evidence, or even suggestion, to the contrary, it is proper to infer that the charter had then been performed, and that the freight, payable by the bUls of lading delivered to the master, had been collected by him according to their tenor and his duty. At the time of filing Janssen 's libel the liability of the owners of the Bladgen, for the difference between the charter money and the freight list, had therefore become fixed and absolute. This, indeed, waa admitted on the trial, and the amount of that liability must be conceded to be equal to the fund in court, less the address commission and freight brokerage. It follows that Janssen is entitled to a decree for that amount, and to bave his said olaim satisûed to that amount out of the remaining money in the xegistiy, the same being, as the evidence shows. ��� �