250 F. 939 | 2d Cir. | 1918
(after stating the facts as above).
There is, however, no allegation of any attempt to preserve the lien so created, if any was created, and the answer presents the bare question whether two other vessels might assert a lien which the first had relinquished. We have very recently considered the question of such a lien in The Saturnus, 250 Eed. 407,-C. C. A.-, and there held that, with the single exception of the lien on cargo for detention at the port of lading, the lien is confined to breaches occurring after the cargo comes aboard. This was, it is true, a lien for detention at the port of lading, but in favor of the Harpagus. There is no shadow of authority for asserting that the lien obtains in favor of other vessels owned by the same person. The lien depends upon the possession of the cargo by the vessel, which must as well be the injured party as the possessor. We have no question but that the vessel is so far personified, and that the loss of the Harpagus’s possession was a final relinquishment of the lien.