Page:Federal Reporter, 1st Series, Volume 7.djvu/841

 THE 0. U. TITUS. 829 �tioD of the canal-boat. The libellant made the agreement with the master without making any inquiries as to who was- the owner, shipper, or consignee of the cargo, or where such shipper, owner, or consignee was, and without seeing the boat, or having any knowledge of her situation except what ■was reported to him by the master. Having made this ver- bal agreement the libellant sent his vessei and steam-pump and crew to the canal-boat, and they arrived there about 5 o'clock Saturday afternoon. She had then been lying there about 24 hours. They pumped her out in about two hours. They then hauled her higher up and in along-side the pier. The pump was kept by her, pumping occasionally. On Monday moming they removed her to the Elysian Fields. I think, upon the evidence, the reason why they removed her was because the libellant had another vessei there which he was taking care of, and for which he needed his pump and crew. After getting her afloat the libellant's men and the master did some caulking, but she still leaked. On Monday the master and the libellant went to see the shipper, Marvel, and the libellant deihanded that he should pay his bill for the use of thepump. The shipper ref erred him to the underwriters on the cargo, and the agent of the underwriters took the ground that the master had no authority to bind them or the owner of the cargo by the agreement made, and refused to pay the bill. After seeing them the libellant obtained from the master a written contract, signed by the master, dating it back to May 24:th, as f ollows : �"This agreement, made this twenty-fourth day of May, 1879, by and between George Donahue, master and owner of the canal-boat C. M. Titus, of the first part, and B. R. Lowe, of the city of New York, of the second part. The party of the flrst part, in behalf of owmrs, underwriters, and all concerned in both boat and cargo, agrees to pay E. R. Lowe the sum of $3.50 perhour for each and every hour that the steara-pump Relief is at work on the said canal-boat 0. M. Titus; the said steam-pump Relief is to be along-side and keep the said canal-boat afloat until she is discharged. The said B. R. Lowe not to be held responsible for any loss or damage to boaf and cargo of any nature or kind. Witaesa our hands and seals this twenty-fourth day of May, 1879. �" Geo. Donaetob. �" E. R. Lowe." ��� �