93 F. 480 | D. Wash. | 1899
This case has been heard upon exceptions to a libel in rem filed to recover brokerage commissions for procuring seamen to serve on the barkentine Retriever. In the case of The Gustavia, Fed. Cas. No. 5,876, decided by Judge Betts in the Southern district of New York in the year 1830, it was held that a ship’s broker has a lien on a foreign vessel, in the nature of the lien of a material man, for services in shipping a crew for the vessel and for advances for their wages; but, in the light of more recent decisions, I consider it very doubtful whether that case would be, at the present time, sustained by the supreme court, or followed in the district court for the Southern district of New York. See Vandewater v. Mills, 19 How. 82; Seaver v. The Thales, Fed. Cas. No. 12,594; Scott v. The Morning Glory, Id. 12,542; Marquardt v. French, 53 Fed. 603.
The case under consideration differs from The Gustavia in this: that the libelant has paid no money on account of the wages of those