Page:Federal Reporter, 1st Series, Volume 4.djvu/861

 thb schooneb mabï chilton. 847: �The Schooner Marï Chiltok. [Dislrict Court, 8. D. New York, Novcmber, 1880.) �1. Admiralty— EsTOPPEL— Makitimb Lien. �Wliere the claimant (owaer) of the vessel, who personaily contracted with the libellant for repairs made at bis dock in Brooklyn, New York, resided at the time, and had long before resided, in New York city, and the vessel at the time was registered at New London, Con- necticut, and had " New London " painted on the stern, and the owner informed libellants that she was registered there, was mortgaged, and that he could ascertain about her from the collecter there : �Held, that these f acts did not import a representation that the claim- ant lived in New London. �That while the owner, if he has misled the libellant by representa- tions as to the vessel being f oreign or domestic, may be estopped to deny such representations, �(The E. A. Barnard, 2 Fbd. Rbp. 712, 716,) �StiU the libellant doesnot appear to have been misled by them, �The libellant, knowing that the claimant had bought the vessel, was bound to inquire as to his place of residence. �That the vessel, being in the port where her owner resided when the repairs were made, waa a domestic Yefeel,'and no lien attached by the maritime la w. �The Albany, 4 Dill. 439. �That no lien therefor attached under the laws of New York, the necessary specifications not having beea filed. ' �In Admiralty. �Robert Payne, for libellant, �W. W. Goodrich, toi cla-irasint. �Choate, D. J. This is a suit for laborand materîals fjar- nished in repairing the schooner Mary Chilton. The re- pairs -were put upon her at the libellant's dock in Brooklyn. The libel claims .■ lien therefor both by the maritime law and by the state law. �As to a lien by the state law there is no proof that the libellant filed the necessary specification. As to a general maritime lien it is shown that the owner of the vessel, who personaily contracted with the libellant for the repairs, then and long before resided in New York city. The vessel had been registered at New London, Conn., and "New London" was painted on her stern when the vessel came to the libel- ����