The Penza

(after stating the facts as above).

All parties have assumed, and we shall therefore assume, that this is the case of a foreign vessel procuring necessaries in a port of the United States; wherefore the maritime law of this country as expressed in statutes or handed down by tradition applies as fully as though Penza had gotten what she wanted in New York harbor.

The vital point of our fact findings is that everything bought and for which these libels were filed was gotten upon the direct order of Penza’s captain. That he sighed the bills covering the supplies mentioned’in the second libel is…