Page:Federal Reporter, 1st Series, Volume 4.djvu/760

 740 FEDEEAIi EEPOETBR. �Princeton, an American vessel, to recover advances made to the master for the neeessary disbursements of the ship while in the port of London, at the request of the master and of one Frost, who was a part owner, and at the time was acting as ship's husband. The advances were made between Decem- ber, 1875, and February, 1876, and are alleged to bave amounted to about $1,500. While ail the owners are named in the libel as defendants, the only ones who have been served and who have appeared are the respondents Sturges, Mitch- ell, and Davis, who are sued as executors of Samuel L. Mitchell, deceased, and as such defend the action. �It appears that Samuel L. Mitchell died in 1873 ; that at the time of his death he was the owner of one-sixteenth part of the vessel; and that these defendants are his duly-qualified executors. The voyage upon which the vessel was when the advances were made by the libellant was therefore subsequent to the death of Mitchell, the part owner. No act of the execu- tors is shown in any way indicating their assent to the employ- ment of the ship, nor any express authority on their part to lier employment on their account or for their benefit; nor does it appear tha t they have, since they qualified as executors, received any share in the earnings. Upon these facts the libellant insists that, as executors, these defendants became jointly the owner of their testator's sixteenth part, and that, as part owners, they are liable for necessaries supplied to the ship. �The liability of part owners for supplies furnished at the request of the master, or of another part owner, who is ship's husband, depends on the existence of the relation of principal and agent between the parties. Ordinarily, and in the absence of any prohibition or expressed dissent on the part of the owner sought to be oharged, his consent to the employment of the vessel, and his assent to the expenditures, if neeessary to the vessel in the due course of her employment, will be pre- sumed. But it may be shown that he has actually parted with his interest, though still a registered owner, or that he bas committed the vessel to the exclusive care and control of the other owners, and thereby disentitled himself to share in her earnings, or bas expressly dissented from the employment ����