WHITE and others v. THE STEAMER CYNTHIA

District Court, E. D. New York.

April 15, 1880.

ADMIRALTY—LIEN OF MATERIAL–MEN BY STATE LAW.—W. & Co., machinists and steam–fitters, did work upon a steambost in Norfolk, Va., to the amount of $117. The boat was afterwards, and without payment of this bill, sold to parties in New York; whereupon W. & Co. filed a libel against her in the eastern district of New York for their bill.

Held, that they were material–men, whose claim was a lien upon the vessel by the laws of the state of Virginia, and that such a lien is enforceable in admiralty in the state of New York.

Birdseye, Cloyes & Bayliss, for libellants.

Beebe, Wilcox & Hobbs, for defendant.

BENEDICT, D. J. The materials sued for do not, in my opinion, come within the rule that has been applied to cases of building a vessel. The relation of the libellants was not that of builders, but of material–men. As such they acquired a lien upon the vessel for the value of the articles sued for, by virtue of the law of the state of Virginia, where the vessel then belonged, and where the contract was made. The Steamer Raleigh, 2 Hughes, 44. That lien, unless it has been lost by laches or waiver, may be enforced by this court. Neither laches nor waiver has been proved. The libellants are, therefore, entitled to a decree for the amount of their bill, with interest and costs.

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