Page:Federal Reporter, 1st Series, Volume 10.djvu/781

 CITIZENS' IK3. CO. V. KOUNTS |fINE. TCO �ladiug. The suit was commenced by attaehment, none of the de- fendants liaving been found within the district. The bills of lading are for goods shipped by the steamer H. G. Yaeger, and weie signed by "J. W. King, agent Kountz line, St. Louis." The defendants, whose property has been attached, are several of five corporations, and the question submitted with reference to this part of the case is, were these five corporations jointly bound by these bills of lading thus issued by King as agent of the Kountz line ? �The evidence shows that the Kountz line had been in existence about nine years. It is a corporation established under the laws of Missouri "to receive and forward merchandise and products, and for the purpose of transportation upon the Mississippi river and its tribu taries." At the time of its incorporation four boata were cor- porators or stockholders, but shortly afterwards five separate corpora- tions tFere formed under the same law of Missouri, also for the pur- pose of transportation on the Mississippi river and its tributaries. The boats ceased to be stockholders in the Kountz line, the new corporations were called by the name of the several boats, and the title to each boat was transferred to the corporation which bore its name. These five boats constituted a line of steamers running at regular intervais and under one management, and were known as the Kountz line steamers. There was not a complete identity of inter- est on the part of the Kountz line and the several boat corporations. There were dififerent stockholders, though to a large estent the stock was held by the same persons and in the same proportions. In two of the boat corporations a great majority of the stock was held by |he daughters of Com. Kountz. He was the president, and J. W. King was secretary, of the Kountz line, and of all the boat corporations. The corporations were all domieiled at St. Louis, and had the same place of business, which was transacted at the office of the Kountz line under the direction of Com. Kountz, and either by him or King as the agents of the Kountz line. �The Kountz line received all the money earned by each boat at St. Louis, and all that was collected by the agents at New Orleans was forwarded by draft to the Kountz line at St. Louis, The pnrchases of merchandise for any of the boats, in order to make out a cargo, were made by the Kountz line, were billed to and paid for by it. The Kountz line, by J. W. King, agent, advertised, through circulars and hand-bills widely distributed, that the Kountz line boats were supe- rior to their competitors in their construction, in their prompt V.10,no.7— 49 ��� �