Page:Federal Reporter, 1st Series, Volume 4.djvu/172

 158 FEDEBaL BEPOBTEB. �and the resuit silowed that they were inadequate to meet tîie ordinary incidents of that navigation, or perform the service ■which the master felt justified in expecting of them. Libel dismissed. ���The Two Beothees. �(Distnet Court, W. D. Tennessee., 1880.) �1. Plbading — Sbt-Ofp.— An indebtedness for a house cannot te pleaded in admiralty as a set-off to a claim for unpaid wagea as pilot and car- penter of a vessel, in the absence of an allegation that it was agreed that the work performed as pilot and carpenter should be taken in payment for such house. �In Admiralty. �John B. Clough, for libellant. �J. M. Gregory, for respondent. �Hammond, D. J. This is a libel by Jesse M. Tate against the steam-boat Two Brothers, claiming for unpaid wages as pilot and carpenter on said vessel. The claimant, John T. Leaton, sets up in his answer "that at the time of libellant's shipping on said boat as carpenter * * libellant was indebted to him in the sum of 20 days' work, 10 to be per- formed by libellant, and 10 by another competent man, said work being by contract a balance dile respondent for a frame house sold to libellant." And, in reply to the article claim- ing for wages as pilot, he says "that on or about the tenth day of June, 1878, he sold to libellant a small frame cottage residence situated at Fulton, Tennessee, valued at about $125, with privilege to libellant to remove it from the place where located to a lot near by, furnished for the purpose by respondent to libellant: that it was' to be paid for in work, and that when libellant settles for that, as in Justice and equity he should do, there will not be due libellant any sum whatever." It is elsewhere said in the answer that "on a ����