Page:Federal Reporter, 1st Series, Volume 1.djvu/228

220 FEDEBAIi BEPORTEB. �owned by the Monongahela Navigation Company. It is thus à service rendered to the vessel at her home port, compensa- tion for which is not enforceable by a libel in rem. �As the fund for distribution arising from the sale of the vessel was insufficient to cover the liens upon it, the appel- lant'sclaim was rightfully excluded from any participation in it, and its intervening libel must, therefore, be disraissed, with eosts, and it is so ordered. ���EuppEii & McKiNLET V. Pattebson and othera. �{Circuit Court, W. D. Pennsylvania. March 5, 1880.) �Lkaskhold — AssïQïfOH ATTO AssiQNKB — Re8 Adjubicata. — Question* dctermined by a court of competent jurisdiction in a suit against th» asBignor of a lease, for rent accruing subsequent to the assignment, cannot be reconsideree! in a suit by the assigner against the assignee foi the repayment of such rent. �Same— STAT0TB OF LIMITATIONS.— In such a case the statute of limita- tions begins to run in favor of the asasignee from the time the assigner paid the accrued rent, and not from the time the assignee made'default in the payment of the same. �Motion for a new trial. �The plaintiffs leased a tract of coal land from one Stewart, in 1S57, and assigned their leasehold to the defendants in 1858, In 1860 Stewart sold the leased land to the defend- ants, releasing them from the payment of certain baek rent then due, but reserving the right to collect rent due on the lease previous to the date of the sale. In 1873 Stewart brought suit on the lease against the plaintiffs for rent due in 1859, and recovered the same after a protracted litigation. The plaintiffs thereupon brought this suit to recover the money paid by them to Stewart, for rent accrued subsequent to their assignment of the leasehold to the defendants. �Kenneth Mcintosh, for plaintiffs. �S. W. Cunningham and B. D. Kurtz, for defendants. �Pbk Cueiam. The relation of principal and surety importa an obligation on the part of the principal to indemnify the ��� �