ships and other vessels, in the order in which they are placed: 8. Sums due to sellers, to those who have furnished materials and to workmen employed in the construction, if the vessel has never made a voyage; and those due to creditors for supplies, labor, repairing, victual, armament and equipment, previous to the departure of the ship, if she has already made a voyage. La. Civ.Code Art. 3237(8) (emphasis added). The first clause of article 3237(8) applies when a vessel has never made a voyage. The second clause of the provision applies when a vessel “has already made a voyage.” Gulf Fleet alleges that the MTV Gulf Tiger had not made a voyage as of the filing of the complaint. Accordingly, Gulf Fleet apparently relies on the first clause of Article 3237(8) to claim a pri 00 (La.1842) (<HOLDING>) Reviewing the allegations of the complaint as
holding that taking money from a victim offering the money out of fear of violence can be larceny from the person because there is no consent and the money was removed from the actual possession or custody of the person or his immediate pres ence viz the area within his control holding that a creditor for advances or loans in money made to the owner and applied to the use of a vessel has no privilege allowed him by law because he is not subrogated to the rights of those whose privileged claims have been paid out of the money loaned holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it holding that a party who lends money to be used in the repairs of a vessel or to furnish the vessel with supplies does not have a privilege against the vessel recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money