Thomas et al. v. Osborn.
4. That even if the relation of Leach to the vessel was not such as necessarily to raise an implication of lien, from his mere contract for repairs and supplies, he had, nevertheless, the right to pledge the vessel expressly. The proof shows that he did this, and the lien, thus expressly imposed, being of a maritime nature, became, proprio vigore, enforceable in admiralty. Alexander v. Ghiselin, 5 Gill, 182; Sullivan v. Tuck, 1 Md. Chan. Rep., 62, 63; The Brig Nestor, 1 Sumner, 78; The Schooner Marion, 1 Story, 73; The Hilarity, 1 Blatchford and Howland, 92, 93; Bogart v. The John Jay, 17 Howard, 401; The Brig Draco, 2 Story, 177, 178.
5. That Captain Leach was introduced to the confidence of Messrs. Loring & Co. by his position as master of the Laura, and derived his credit with them altogether from that position; that they were ignorant of his contract with his owners, and of his violation of it, and the dissatisfaction of the owners therewith; that Leach was held out to the world by the appellants as master of the Laura, with the usual right to bind her by his contracts; that Messrs. Loring & Co., by the repairs and supplies in controversy, not only improved the vessel as the property of the owners, but enabled her to earn freights for their benefit; that such was the result of all their dealings with Leach in regard to the barque, which were fair, liberal, and in good faith; that the misconduct and insolvency of Leach, and his failure to pay over the balance of freights, furnish no justification to the owners, in repudiating the responsibilities of the barque, especially after their adoption of the very voyage for which the repairs and supplies were furnished, by the act of their agent, Weston, in receiving a part of the proceeds of the cargo, and diminishing to that extent the security of Loring & Co.
Mr. Justice Curtis delivered the opinion of the court.
This is an appeal from a decree of the Circuit Court of the United States for the district of Maryland, sitting in admiralty. A libel was filed in the District Court by the appellee, as assignee of Loring & Co., merchants in Valparaiso, asserting a lien on the barque Laura, of Plymouth, in the State of Massachusetts, for the cost of repairs and supplies furnished to that vessel at Valparaiso. The District Court decreed for the lien, the Circuit Court affirmed that decree, and the claimants have brought the cause here by appeal.
It appears that in January, 1849, Phineas Leach, who had previously been in command of the barque, contracted with her owners to take her on what is termed “a lay.” There does not appear to have been any written contract of affreight-
