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76 US 758 The Guy

76 U.S. 758

19 L.Ed. 710

9 Wall. 758

THE GUY.

December Term, 1869

1

APPEAL from the Circuit Court for the Eastern District of New York.

2

Tall filed a libel, in the District Court at New York, against the steamer Guy, claiming a lien on the boat for repairs made upon her in Baltimore, Maryland, and alleged by the libel to have been necessary to fit her for the prosecution of her then employment, which was, in connection with several other boats, the transportation of the government mails, and of passengers and freight, between Norfolk, Virginia, and Newbern, North Carolina. It was admitted that Baltimore was not the home-port of the Guy, and indeed that she did not belong to Maryland at all. The repairs were ordered by one Olney, who called himself proprietor and agent of the line, and seemed to have been the owner of the Guy; and they were reasonably fit and necessary. There was proof that the libellant received from Olney acceptances for the amount of the repairs; but none that they were taken in absolute payment. On the contrary, it appeared that the acceptor was insolvent and unworthy of credit, and that, in fact, the credit was given to the boat.

3

The boat having subsequently arrived in New York, was arrested on this libel. One Healy now appeared as claimant, setting up a transfer to him subsequent to the date of the repairs made, and resisted a condemnation.

4

The District Court decreed in favor of the libellant, and the Circuit Court having affirmed the decree, the case was brought here.

5

After argument by Mr. Evarts, for the appellant, and Messrs. W. W. Goodrich and O. Horwitz, contra,

6

The CHIEF JUSTICE delivered the judgment of the court, to the effect, that upon the facts established it was apparent that the case was to be governed by the principles settled at this term in the case of The Grapeshot,* and that the decree of the Circuit Court having been in accordance with those principles, must be

7

AFFIRMED.

*

Supra, 129.