The President Arthur

There are two questions at issue — first, whether the acceptances were a payment; if not, whether their receipt by the libelant was a “waiver” (of) “his right to a lien * * * by agreement or otherwise.” If the claimant had not been a party to the acceptances, it may be assumed that they would have been a payment. Atlas S. S. Co. v. Colombian Land Co., 102 F. 358 (C. C. A. 2); N. Y. & Cuba S. S. Co. v. Texas Co., 282 F. 221 (C. C. A. 2); Hall v. Stevens, 116 N. Y. 201, 22 N. E. 374, 5 L. R. A. 802. If, on the other hand, it had agreed only to deliver its note, and had done' so, the note would…