Fairbanks-Morse Co. v. Union Bank & Trust Co.

Citations

• 55 Wash. 538
• 104 P. 815
• 1909 Wash. LEXIS 796

Syllabus

<p>Maritime Liens — Materials Furnished Under Conditional Sale —Statutes—Construction. The lien upon vessels for material furnished in their construction or repair in this state, given for three years by Bal. Code, § 5953, is not affected by the fact that a conditional bill of sale was given for marine engines furnished for a ship, the title to the engine being retained by the vendor as security, and that the bill of sale was not filed pursuant to Laws 1903, p. 6, providing that a conditional bill of sale not filed within ten days shall be absolute as to subsequent incumbrancers in good faith; since the lien given by Bal. Code, § 5953, attaches whether the sale was absolute or conditional.</p> <p>Same — Conditional Sales as Waiver op Lien. The vendor of a marine engine furnished for a ship does not waive a lien given upon the ship, her tackle, apparel, etc., by reserving a specific lien upon the engine by means of a conditional bill of sale, since retention of title is not inconsistent with the lien and does not waive statutory liens.</p> <p>Same — Waiver of Lien — Additional Security. The rule that retention of additional security waives statutory liens does not apply to maritime liens under Bal. Code, § 5953, because the rule is founded upon the theory that subsequent creditors rely upon the records, and under this statute no record notice of the lien is provided for.</p> <p>Same' — Maritime Lien Without Notice — Possession of Article. The lien given by Bal. Code, § 5953 upon a vessel, her tackle, apparel, etc., for three- years, without the filing of any notice, is not merely declaratory of the common law and dependent upon retaining possession, since the statute contemplates delivery of possession to the owner of the ship and gives a lien upon articles never in the possession of the claimant.</p> <p>Same — Time fob Enforcement — Notice—Laches. The lien upon a vessel given by Bal. Code, § 5953, for materials furnished is not lost by laches in failing to give noti