87 F. 487 | E.D. Pa. | 1898
The suit is for $3,513, a balance due for repairs. The work was done at Baltimore, costing $16,000. The home port of the vessel was Philadelphia, the owners being Patrick Dempsey and Henry Hess, who reside here;,- — the former having four-fit'ths and the latter one. Dempsey, as managing owner, ordered and superintended the repairs. Mr. Woodall sought the work for his company and came to Philadelphia to obtain it. At that time it was supposed $5,500 would cover the cost. The vessel was subsequently taken to the libelants’ place at Baltimore, and the work commenced in pursuance of the arrangement made here. It was afterwards found that much more must be done than had originally been contemplated, and a much larger bill be incurred. On the completion of the work notes were viven for the $3,513 unpaid, and the vessel was delivered to the owners. About six months later — after she had passed into other hands — those of a stock company, of which Dempsey and Hess were members, (the notes then being due and unpaid) the vessel was attached under an alleged admiralty lien. The case presents no legal question. The libelants concede that to entitle them to recover, the proofs must show a contractual lien not: an implied lien, resting on given facts, as in the case of repairs on a master’s order, but one resting on contract, as in cases of bottomry. A contract must therefore be proved. It need not however, be proved by writing, or other direct evidence; but may be established by in ference from facts which show its existence. As is pointed out in The Mary Morgan, 28 Fed. 196, this doctrine (the admissibility of such inferences to establish contractual liens) is modern; and as it tends to uncertainty (the inferences depending largely on the disposition of the particular mind that draws them) it may be doubted whether the modern doctrine is wiser than the old, whether it would not have been safer to adhere to the rule which required direct evi
1 will not pursue the subject. It is sufficient to say that a very careful examination of all the facts has saiisfied me that they show nothing sufficient to prove the contract set uu, and thus to repel the legal presumption before stated. If trivial or equivocal circumstances are held to he sufficient for this purpose the value of the rule founded on the presumption is lost.
The libel must be dismissed with costs.