New England Trawler Equipment Co. v. One Model D. Trawler Winch and Appurtenances

        Abbott, Drew, Rogerson & Carr, of Boston, Mass., for libelant.

        Burnham, Bingham, Pillsbury, Dana & Gould, of Boston, Mass., for petitioner Westerbeke Fishing Gear Co., Inc.

        George E. Mears (of Thompson, Spring & Mears), of Boston, Mass., for petitioner Ruby A. Story, administratrix.

        S. M. Whalen, of Boston, Mass., for respondent.

        LOWELL, District Judge.

        Question of jurisdiction.

        The owner of a winch sold on conditional sale to the motor vessel Donald seeks possession of the winch on the ground that the required payments have not been made. This is a question on which there is apparently very little authority, but I am of the opinion that as it relates to the possession of a chattel which by use has become maritime, this court has jurisdiction. Five Hundred and Twenty-Eight Pieces of Mahogany, 2 Lowell, 323, Fed. Cas. No. 4,845; The Blairmore I. (C.C.A.) 10 F. (2d) 35, 37.

        Whether the libel is in proper form is another question.