46 FEDERAL BEPOBTER.
Tun T. L. Wwswonrn.
(District G'o·wrt,·E. D. New York. June 26,1882.,
Vmssmns nm BOATB—LIEN von Surrnrss.
Where family supplies and hay andoats were furnished by a dealer in Buf-
falo on board a canal-boat lying up there for the winter, and the boat, having
f departed before the bills were paid and come into the eastern district of New
York, was there libelled by the provision dealer, claiming a lien upon the boat as
for maritime supplies, and it appeared on trial that the horses and man were em-
ployed at work on the streets of Buffalo, and that the captain of the boat had
not ordered the"supplies, nor the woman who owned the boat, and whosehus-
band was so at work on the streets with his horses, held, that the supplies were
furnished on personal credit, and no lien on the boat arose out of the transac-
tion. · ` ‘ ,
, a
Beebe, Wilcox, dc Hobbs, for libelant.
L. R. Stegman and E. G. Davis, for respondent.
Bnnnorcr, D. J. The libelant cannot recover in this action for
two reasons: First, The supplies in question were not ordered bythe
_ captain or the owner of the boat, but by David Hulsapper, husband
of thelmaster, and he,   his horses, was then employed in working
on the streets of Buffalo for a contractor. Thearticles sued forvwere-
purchased for the food of this man’s family, the food of his horses,
and the food of a man hired to drive the horses in the streets of.Buf-
falo duringthe time when David Hulsapper was so employed on the
streets., They were not to enable the boat to earn freight, nor pur-
fchased for that purpose. No lien upon the boat arises out of provis·
ions and stores furnished under such circumstances. In the second
place, the bill sued for constitutes a part of an account of some $200,.
run up by David Hulsapper during the time he was working for the
contractor upon the streets; and while it is no doubt true that these
items were placed in a separate account and charged to the boat, the
_ whole account was furnished with knowledge that the boat was not
running, and that Hulsapper and his horses were working on the
streets, and the attendant circumstances were such as to indicate
with sufficient certainty that the articles sued for were furnished on
the personal credit of David Hulsapper, as confessedly was the rest
of the account. l
The libel is therefore dismissed, and with costs.