Page:Federal Reporter, 1st Series, Volume 2.djvu/118

 ÏEEBIS V. BABE E. D. JEWETT. 111 �Fbbbis V. The Bark E. D. Jewbtt. �{District Court, 3. D. New York. April 8, 1880.) �SHippmo Broker — Sbkvickb m Phocttring Crew — Pailurb to Becukb Paymbnt Bepokb Vbsbbi. Left Port — Lien. �W. R. Beebe, for libellant. �L. S. Gove, for claimants. �Choate, d. J. This is a libel against a British vessel to re- cover $30, balance of alleged advances made to the crew, who ■were procured for the vessel by the libellant, as a shipping broker, together -with $12 alleged to be due to him for bis services in procuring the men. It is alleged in the libel that the services were rendered and the advances made on the credit of the vessel. It appears, however, that the owners do business in this port, and it is not shown that they do not reside here. �The vessel was bound on a foreign voyage, without any- thing to show that she was expected to return. Yet the libellant, knowing ■when she was to sail, took no measures to secure payment from the vessel before she left the port. Although the libellant was employed by the master, yet he was at the of&ce of the owners before the vessel sailed. �The libellant testified that before the vessel sailed he made out his bill, which was for $162, and gave it to the master; and that the master promised to approve it and leave it at the office of the owners. In doing this the libellant appears to have acquiesced in the vessel going to sea, leaving him to look to the owners for payment. �After the ship left the port à difference arose between the libellant and the owners as to the terms of the agreement between the libellant and the master, the owners admitting their liability for $120 only. After some discussion the libel- lant took the $120, and gave a receipt for it as received for advances to the crew, and after receiviug it he claims that he told the owners that he should sue the vessel ou her return for the balance. ����