Page:Federal Reporter, 1st Series, Volume 5.djvu/840

 828 FEDERAL REPORTER. �Choate, D. J. This is a libel brought against a foreign vessel to recover the priee of certain clothing furnished to two of the crew while the vessel was lying in this port. The libel alleges that the vessel was " in need of materials and sup- plies, whereupon the libellant, at the request of her master, did furnish to and for the said vessel wearing apparel for the ship's slop chest, and clothing and materials for her crew, amounting in value to $65.50, whioh sum said master prom- ised and agreed to pay;" that they were "furnished on the credit of the vessel, and beoame a lien thereon." The testi- mony on the part of the libellant tends to show the foUowing facts : The vessel was in Brooldyn, discharging or about to discharge her cargo, when the libellant, a clothier, sent a man whom he employed, among other things, for soliciting busi- ness, to the vessel. This man saw the captain, and asked him if he could supply the saUors with clothing. The captain said he could if he would allow him, the captain, 10 per cent., and the captain said that he could supply each of the men to the amount of $50; that they had been on board a good while, and had plenty of money coming to them. The man agreed to pay the captain 10 per cent., and the captain said he would be responsible for the bills. Thereupon the man went among the sailors and asked them if they wanted clothing. Two of them said they did, but they had no money. The man went aft with them to the captain, who said they could have it to the amount of $50 apiece. Then the two sailors went with libellant's man to his store and selected clothing to the amount, together, of $55.50, which was sent the next day to the vessel and delivered to the captain, who gave it to the sailors. �At the time of the delivery the captain promised to pay the bill when the cargo was out. The libellant called on the captain several times for payment, but was put ofif on the pretext that he had not received his freight. He also told the libellant that the vessel was coming over to New York, where he should charter her for Valparaiso. Einally, the captain said he would pay the bill if the libellant would allow him 30 ����