Frank

This action was brought upon a bond given for the faithful performance of the covenants of a charter-party of the steamer “F. A. Kilburn”; at the time the steamer was owned by plaintiff. He had judgment against both defendants and they appeal.

The covenants, in particular, to which our attention is directed by appellants, are:

It is not disputed that in the operation and maintenance of the steamer by the second party (the appellant, Crescent Wharf and Warehouse Company), work and labor was done and furnished to the steamer by the Moore & Scott Iron Works, upon the credit of the vessel; that a libel was filed for the same in the district court of the United States; that a lien was adjudged therefor by virtue of section 813 of the Code of Civil Procedure; that the steamer was delivered back to plaintiff encumbered with this lien, and that plaintiff sustained the amount of damages awarded by the trial court in this action.

The judgment of the district court in the libel case brought against the steamer by the Moore & Scott Iron Works was appealed from and thereafter was affirmed by the circuit court of appeals and is reported in (The F. A. Kilburn) volume 179 Fed. 107 , [ 103 C.…