66 F. 353 | S.D. Ala. | 1895
I find the facts in this case to be that the coal was furnished to the ship in Mobile, Ala., on the personal
. My opinion in this case is sustained by the following authorities: The Stroma, 41 Fed. 599; Id., 3 C. C. A. 530, 53 Fed. 281; Stephenson v. The Frances, 21 Fed. 715; Neill v. The Frances, Id., 921; Herreschoff Manuf’g Co. v. The Now Then, 50 Fed. 944; Id., 5 C. C. A. 200, 55 Fed. 523; The Kong Frode, 6 C. C. A. 313, 57 Fed. 224. The substance of these decisions is that, in dealing with a known charterer, even in a foreign port, for mere ordinary supplies, the dealings are prima facie upon his personal credit only, and no lien will be implied unless the libelant satisfies the court, from the negotiations or the circumstances, that there was a common understanding or intention to bind the ship.
The libel in this case must therefore be dismissed, and it is so ordered.