The F. A. Kilburn

Citations

• 179 F. 107
• 103 C.C.A. 252
• 1910 U.S. App. LEXIS 4619

Syllabus

<p>1. Maritime Liens (§ 24*) — Statutory Lien for Repairs — Repairs Made in Home Port — Necessity of Contract.</p> <p>The presumption that attends the making of repairs or furnishing of supplies to a vessel in a foreign port will not arise to support a lien for repairs in her home port, given only 'by the local law; but proof of an understanding, express or implied, that they were furnished on the credit of the vessel, is essential.</p> <p>[Ed. Note. — For other cases, see Maritime Liens, Cent. Dig. § 30; Dec. Dig. § 24.*]</p> <p>2. Maritime Diens (§ 29*) — Statutory Lien for Repairs — Authority of Agent to Represent Owner.</p> <p>During more than 3 years and on some 30 occasions libelant had made repairs on a steamer in her home port at the request of the chief engineer, in each case on the credit of the vessel and charging the vessel and owner, and in each case it received its pay. The owner chartered the vessel by a time charter, requiring the charterer to keep her in repair and return her free from liens. He reserved the right to retain the chief engineer, and directed him to see that the charterer kept the vessel in repair. Being in need of repairs, by authority of the charterer the engineer ordered the same from libelant, which furnished them, charging vessel and owner as usual, and having no knowledge of the charter, if eld, that the engineer had ostensible authority from the owner to order such repairs, and that libelant was entitled to a lien on the vessel therefor, under a local statute giving- a lien for repairs made under contract with the owner.</p> <p>[Ed. Note. — For other cases, see Maritime Diens, Cent. Dig. § 48; Dec. Dig. § 29.*]</p>