Page:Federal Reporter, 1st Series, Volume 10.djvu/784

 772 FEDERAL REPORTER. �tions Jointly undertake by tliese bills of lading for the sate carriage of the goods shipped by the H. C, Yaeger ? �The evidence of W. J. Kountz, of John W. King, and of Rogers, js to the effect that the accounts of each of the boats running in the Kountz line were kept separate and distinct ; that each was charged $160 by the Kountz line for its services for every trip; that after deducting this sum froai its own moneys each boat was credited with its earnings and charged with its expanses. There was, therefore, a combining of boats to form a common line, but there was no distri- bution of earnings — no sharing in any common fund — and there was no connection in the nature of a partnership which would bring the case within the lirst class. Does it fall within the second class ? The material facts are that five corporations, each owning a steam-boat, combine to run under one management — in place of departure and destination, in the intervais at which they run, and in their rates of freight — to form a single line, which they called the Kountz line. They have a common agent — the incorporated Kountz line — but it acts for each boat separately. They do not establish jointly any agency for all, but each adopts the same agent for itself. Here the agent, with reference to each boat, acts for that boat alone, and binds no one else, and falls within the third class, where there is a common agent, but no participation in earnings and no joint agent. �This case is indistinguishable from the cases of Briggs v. Vanderbilt and Bonsted v. Vanderbilt, 19 and 21 Barb. These cases were.well considered. They spring out of precisely similar facts, and should be read together. The first is a decision of the general term of the supreme court of the Kings eounty district, and the second a decision of the general term of the supreme court of Albany eounty. The first was pronounced by Judge Selah B. Strong, for some 16 years judge of the supreme court, afterwards judge of the court of appeals. The second was rendered through Judge Amasa J. Parker. Both these courts were composed of eminent judges. In these cases three com- panies, one running across the isthmus, one on the Atlantic, and one on the Pacific side, combined and formed what they denominated "Vanderbilt's new line between New York and San Francisco." In their advertisement they announce that the steam-ships running therein were built expressly for that route. They had the same man- agement and places of business both in New York and San Francisco. They advertised to carry passengers through. They advertised and transacted their business through a common agent. The contract was for a through passage, but for each portion of the route separate ��� �