Page:Federal Reporter, 1st Series, Volume 7.djvu/686

, 674 FEDERAL HEPOSTEB. �' tionally, he confined himself to prongs in the eame longitud- inal line with reference to the fastening plate. I give the ■words "longitudinal line" the meaning which appears to me to be the more obvions and material one. �I am, therefore, of the opinion that Exhibit B is not an infiingement. �, Let there be a decree for an injunction against the manu- facture or Baie pf articles like Exhibit A, and for an ao- counting. ���The Bbig Wbxtobd. �{XHttriei Court, 8. D. New Tark. February 5, 1881.) �LniN *0B Matbsiam— Laches— Takisg Other Sbcurities— Waiteb — MoBTGAGBE— Possession— Lien on Frbight Monbyb — Lien of Mastbb — Extra Wagbs- Disbursements— MARSHALLisa Assbts — �AtTACHMENT — COMMISBIONEB'B FbBS. �A libel was flled against the English brig W. and freight for sea- man's wages, including the master's. Frocess issued against the vessel only. The owner did not appear, and the proceeda of sale were paid into the registry. C. & Co sued in personam the master and ownera for advances in s foreign port to purchase supplies, and attached the freight, which was also paid in. Beveral others, including C. B. & Co., libelled the ship for materials supplied. A mortgagee claiming possession, petitioned to be paid out of the freight, as well as the pro- ceeds of the vessel. The claims exceeded in amount the whole fund in the registry. The testimony showed that C. B. & Co. fur- nished supplies in April, 1877, for coppering the vessel in this port, ■where the owner resided ; but they suflered her to leave without pay- ment. Afterwards they took the'owner's notes in payment, and sub- sequently, the notes not boing paid, a second mortgage on the vessel as security. Although she returned to this port several times, there was no arrest by them until they flled this libel, in July, 1880. On exception to the report of the commissioner, to whom by consent it was Teferred to take testimony and determine the liens, if any, their priority, etc. ,— �Hdd, that, conoeding 0. B. & Co. had a lien, which, on the evi- dence, is doubtful, still the extraordinary laches shown by them, and the taking a second mortgage, indicated an intention not to rely upon their admiralty lien, It indeed such lien was not extinguished by tha mortgage. ��� �