by John Marshall Harlan

“ The libelants knew that the steamship company had an office in the city of New York. They did business with them at that office, and could easily have ascertained the ownership of the vessel, and the relation of the steamship company to the owners. They were put upon inquiry, but they chose to shut their eyes, and make no inquiry touching these matters, or in reference to the solvency or credit of that company. It is true that libelants delivered the coal in the belief that the vessel, whether a foreign or a domestic one, or by whomsoever owned, would be responsible for the value of such coal. ”

“ In the present case, the question of lien or no lien on the vessel arises under circumstances not disclosed or discussed in any of the cases upon which libelants rely. Although the libelants were not aware of the existence of the charter party under which the Valencia was employed, it must be assumed, upon the facts certified, that by reasonable diligence they could have ascertained that the New York Steamship Company did not own the vessel, but used it under a charter party providing that the charterer should pay for all needed coal. ”

“ By the laws of New York (Laws 1862, c. 482) it is provided: 'Sec. 1. Whenever a debt amounting to fifty dollars or upwards as to a seagoing or oceanbound vessel * * * shall be contracted by the master, owner, charterer, builder or consignee of any ship or vessel, or the agent of either of them, within this state for either of the following purposes: (1) On account of work done or materials or other articles furnished in this state for or towards the building, repairing, fitting, furnishing or equipping such ship or vessel ”