Page:Federal Reporter, 1st Series, Volume 9.djvu/790

 THE DELAMBEB. 775 �received the money were the personal agents of the company, and their failure to perfortn the agreemeut was only personal, and did not bind the boat. Therefore the claim must be disallowed. �The claim of Spangler under his mortgage for the balance of the purchase money is not disputed, nor are the claims for supplies and materials, claimed as liens under the state law, disputed ; the ques- tion between them is one of priority only, upon -which the irulings made by the circuit and district courts of the United States do not all agree. �It was held by this court, in the case of The Emma, that the mari- time liens have a priority over mortgages. I am satisfied that this is correct, and sustained by authority. But such liens must be Btrictly maritime. Materials and supplies furnished at the home port are only liens by force of the state statutes, and therefore do not stand on the same footing with maritime liens. So that their pri- ority depends upon whether they attach before or after the mortgage lien commenced. This position is sustained by Judge Drummond, (The Grace Greenwood, 2 Biss. 131,) which was followed by Judge Blodgett in the case of The Kate Hinchnan, 6 Biss. 367, and again by Judge Woods in the case of The John T. Moore, 3 Woods, 61. The mortgage in this case was duly recorded in the office of the collecter of customs of the home port prior to the existence of any of the liens 80 claimed. The Bradish Johnson, Id. 582. �The resuit is that the balance due Spangler upon his two notes for $750 each, with interest thereon, must first be paid ont of the funds in the registry of the court, and the balance, if any, distributed pro rata among the claims for materials and supplies. ���The Delambub.* {Gircuit Court, D. Louisiana. November 25, 1881.) �1. SaLVAGE — CONTRACTS. �Contracts as to the quantum of compensation for salvage services are bind- ing, provided they are reasonable, and without fraud or mistake. �2. Same— Sakb. �Such contracts, when made with the master of a salvage vessel, bind the vessel but not the crew, unless made with their consent. �In Admiralty. On appeal. �Reporled by Joseph P. Ilornor, Esq., of the New Orleans bar. ���« ��� �