Page:Federal Reporter, 1st Series, Volume 4.djvu/862

 848 FEDEBAti BEPOSTKB. �lant's dock. The owner also informed libellant that she was registered at New London, and that there was a mortgage on her, and that he could ascertain about the vessel by tele- graphing to the collector there. The vessel being in the port where her owner resided was a domestic vessel, and no lien, attaehed for the repairs by the maritime law. The Alhany, 4 Ml. 439. If the owner misled the libellant as to het char^ acter, as being foreign or domestic, he may be estopped to deny his representations as to her character. The E. A. Barnard, 2 Fbd. Eep. 712, 716. It is claimed by the libel- lant that there is such an estoppel in this case. I cannot find, however, that the libellant was misled by any represen- tation of the owner as to his residence, or as to the charac- ter of the vessel. The libellant was informed that the claim- ant had bought the vessel, and he made no inquiry as to claimant's place of residence. I do not think that the name "New London" painted on the stern, or the information that the vessel was registered there, were or imported a represen- tation that he lived there. The proper inference to be drawn from what the libellant was told was rather that the vessel had once belonged to somebody who lived in New London, but that now she belonged to this claimant. The libellant had no reason to suppose that the claimant did not live in New York, and on inquiry he would have ascertained that he did live here. I think the facts do not warrant the conclu- sion that the claimant is estopped to mako this defence. Libel dismissed with costs. ����