Page:Federal Reporter, 1st Series, Volume 3.djvu/675

 668 i ■" FEDEBAIi BEPOETKR. �both appear io have entertained the notion that a party sup- plying a vessel, ■«'hether foreign or domestic, has, in ail cases, an ultimate right to fall baek on the vessel if the party deatt with does not pay, there is, I think, sufBcient evidence that they understood that they were dealing with Murray, Ferris & Ce, and gave them credit and expected them to pay the bills, and had no real intention or expeetation of looking to the vessel for their pay. The amount of the bills run up was at no time large, and Murray, Ferris & Go. had credit enough to be trusted to that extent, and were, I think, at the time so trusted. Maxwell let the steamer go to sea without trying to collect his bill, and Beinecke delivered the goods absolutely to Murray, Ferris & Co. here in New York. Neither of them had any reason to suppose they would ever have an opportu- ' nity to collect the bills from the vessel herself, unless it was by attaching her in a port of Florida, which it is hardly sup- posable they would haVe contemplated as practicable for so small an account. Case last cited, in district and circuit courts. �Libels dismissed, with oosts. ���EoGEBS, Executor, and others v. Beiq Osseo and Master. �(Distriet Court, D. Rhode Island. July 13, 18S0.) �1. LiBBL FOK Possession — Traksfbu op Shaubs Pending Suit — Ambnd- MENT — AQEEBMENT — ESTOITEL— lÎET. St. J 4250 — Chartbu Pauxï — �Dhmaîtd. �In Admiralty. �John Eddy, for libellants. �Browne d Van Slyck, for libellees. �Knowles, D. J. This is a cause for possession, civil and maritime, in which the libellants seek to recover possession of the brig Osseo from Frederick B. Loring, who for some eight years has been her master by appointment of successive ship's husbands and owners, The cause was submitted to the court on the sixth and seventh of July, mainly upon written evidence and exhibits; the oral evidence offered being ����