3 Blatchf. 75 | U.S. Circuit Court for the District of Southern New York | 1853
A great deal of evidence has been taken in this case upon the question as to whether the boats were built in a workmanlike manner, and with suitable materials; and, also, as to whether they were accepted by the master, or by those acting in his behalf. The proof is very conflicting upon the first question, but upon the second it is quite clear in favor of the claimants; and, this being so, I shall not enter into the question whether they were built according to the contract, for, in my judgment, assuming that they were, the libellant has not made out a case in which the vessel is chargeable for the price of them.
This is an attempt to push the doctrine of the lien upon a vessel in behalf of material men, and of persons furnishing supplies by the order of her master, beyond any case or principle of the maritime law that has come under my notice; namely, to make her chargeable, not for necessary materials and supplies furnished, but for damages arising out of_the breach of a contract to furnish them, the breach being the master's refusal to accept them. I think it will be found, on looking into the origin and foundation of this rule in the maritime code, that the rea
I had occasion to consider this question incidentally in the case of The Pacific [Case No. 10,643], and expressed the opinion there which I have now stated a little more at large. The libellant is not without a remedy, as the master is personally liable for any damages he may have sustained from the breach of the contract, as is also the owner, if the master was acting within the scope of his authority.
The decree must be reversed, with costs.