The Bainbridge

The appellant was an intervener in a .suit in which the firm of King & Winge had libeled the gas boat Bain-bridge for balance due for work done and material furnished in repairing the .vessel at her home port in Seattle, Wash. The court below held that the libelant-had a lien on the vessel for the balance due, basing that conclusion upon the owner’s remark to the libelant:

*623 The intervener, at the request of the owners, furnished gas engines and other fixtures, which were installed in the boat, of the reasonable value of $3,550, and other material and labor, of the value of.$189, on which $1,000 was paid, leaving a balance due of $2,739. The court-below found that no agreement had been made between the intervener and the owners under the terms of which the engines, fixtures, and labor were to be furnished or performed upon the faith and credit of the vessel, and held that under the rule established by this court in Alaska & P. S. S. Co. v. C. W. Chamberlain & Co., 116 Fed. 600 , 54 C. C. A. 56 , the appellant was not entitled to a lien. A decree was entered dismissing the intervening libel, and from that decree the present appeal is taken.

In the case so referred to, and…