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13 F. Cas. 643

The J. M. Welsh

U.S. District Court

Decided July 15, 1875

U.S. District Court · decided 1875-07-15

Decided 1875-07-15

BENEDICT, District Judge.

¶1The terms of the contract under which the libellant Austin claims to have towed the vessel proceeded against show beyond dispute that the libel-lant relied solely upon the personal credit of Easton & McMahon, and not upon the credit of the boats towed.

¶2The contract is inconsistent with the idea of a lien, and shows that a lien upon the boats was not within the contemplation of the parties. For services rendered under such a contract, and upon an exclusively personal credit, no lien exists. The libel is accordingly dismissed with costs.

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