Fitzgerald v. The H. A. Richmond

BROWN, District Judge.

Defendants’ ciaim that the bill was settled and paid by the acceptance of Scott & Brown, the owners, cannot be maintained. It is too well settled to need even the citation of authorities, that the lien of a material man is not waived by taking the negotiable paper of the owner or master of the vessel. Captain Scott’s testimony that these drafts were given in payment for the mast; that he supposed it was paid, and therefore did not constitute a lien upon the boat, is nothing more than his own Opinion.upon the subject There was no conversation proven to have taken place at…