Guerin v. Morse Dry Dock & Repair Co.

THACHER, District Judge.

The commissioner has concluded that the libelant has a maritime lien for payments which the parties agreed, before the repairs were commenced, should be made by the delivery and acceptance of a note indorsed by a third party. The agreements were in writing and provided that the repairs should be paid for partly in cash and partly in indorsed notes negotiable in form. Decision is controlled by Marshall & Co. v. The President Arthur, 279 U. S. 564, 49 S. Ct. 420, 73 L. Ed. 846. For the same case in this court and in the Circuit Court of Appeals, see 22 F.(2d) 584, and 25…