76 F. 381 | E.D. Wis. | 1896
(after stating the facts as above). The facts stated in this libel, would clearly present a case for personal recovery against the owner at common law. Whether they are sufficient — aside from technical objections which may be cured by amendment — to sustain a libel in rem is a question of considerable interest, and in some of its features not directly met by any of the authorities which have come to my attention. It relates solely to the existence of a lien attaching to the res or vessel itself, and; not to the interest of any particular owners. It is also squarely raised between «the material man and the. owner as contracting parties, and
The inquiry of main. importance is this: Are facts stated in the libel which show a contract clearly made upon the credit of the vessel? The fact of such credit as foundation for the claim
I am therefore constrained to sustain the exceptions. The meritorious character of the claim as presented, aside from these technical features, cannot be allowed to establish a lien contrary to the settled requirements of maritime law. But, as there may be facts not stated through which the lien may be preserved, leave will be given to amend within 20 days, if so advised; otherwise the libel to stand dismissed, without costs.