Page:Federal Reporter, 1st Series, Volume 3.djvu/673

 666 FEDERAL REPORTER. �subsequent to the fourteenth of March, for which this suit is brought, were made out against "Steamer Secret and own- ers." No explanation of this change is given except the alteration by Murray, Ferris & Co. in the former bills. Ail the bills up to and including that of the fourteenth of March were paid by Murray, Ferris & Co., generally within about one month after they were incurred. The last four bills, amounting to $336.34, remained unpaid when Murray, Ferris & Co. failed, and hence this suit. �It appeared that the arrangement for fumishing meat to this steam-ship was made by a salesman of the libellant, who Bolieited the business of Murray, Ferris & Co. ïïe testified that the arrangement was made in Florida, and that one of the firm then informed him that the firm was not responsi- ble, and was insolvent, and that the steamer was responsible. This is clearly proved to be a mistake. Neither he nor the libellant knew who owned the steamer, nor what the relation of Murray, Ferris & Co. to her was, except that they were running her on this line. At some time after the transac- tion commenced they made inquiry of a mercantile agency, and the information they received was not favorable to the financial standing of Murray, Ferris & Co., and they appear to have supposed that, in case Murray, Fenis & Co. did not pay the bills, the steamer would be legally liable, and they continued to furnish the supplies. They had no knowledge and made no inquiries as to how long the steamer would continue to be run on this line, nor had they any reason to believe that she would ever'come to New York, or any other American port out of Florida. �The libellant Maxwell furnished ship's stores to the Secret while she was in this port in December, 1878, before she went to Florida to run on this line. The amount of the bill was about $300. The goods were delivered to the steamer in New Tork on the order of Murray, Ferris & Co. The libel- lant made no inquiries as to the ownership of the vessel, or Murray, Ferris & Co.'s relation to her. He knew she was going to Florida, and had no reason to suppose she would re- turn to this port. He knew that Murray, Ferris & Co. had ����