237 F. 406 | W.D. Wash. | 1916
This cause was referred upon stipulation of parties to tire commissioner to take testimony and report findings and conclusions. Exceptions are now filed to the allowance of the claim of the Union Oil Company as reported by the commissioner. The testimony shows that in 1914 the Union Oil Company entered into an arrangement with the owners of the schooner Sophia Johnson, by which it furnished oil to the owners of this vessel, and for commercial purposes, and for fuel on the vessel. This oil so furnished was sold to various fishermen and patrons located at various points upon Puget Sound. These items were furnished upon an open account ■charged to “Schooner Sophia Johnson, Owner’s Acct. Sallie & Thues■en.” The first entry appears May 15, 1914, and oil was furnished from that time upon a current account until the 9th of March, 1916. During this time it appears that $10,665.32 worth of oil had been furnished. Upon this account was paid from time to time the sum of $9,694.18, leaving a balance due of $972.14. Intervening libel was filed to recover this full amount, but upon the hearing before the commissioner intervening libelants abandoned recovery for the full amount, and sought to apply all of the payments made upon the items in the ■account for oil furnished for commercial purposes, and produced “delivery slips” covering the period of time showing that $755.14 had been furnished to the vessel for consumption as fuel by the vessel, and elected to apply the moneys paid to the oil furnished for commercial purposes, and hold the lien on the vessel for the fuel furnished during the entire period.