Page:Federal Reporter, 1st Series, Volume 7.djvu/891

 THE BBOTHBBS. 879 �2^^o mas S. B*er, for libellants. �Sebastian Brown, for respbndents. �MoREis, T>. J. Thia is a, libel in personam, hro'ugh.i by Samuel T. Beacham and another, constituting the mercantile firm of John S. Beacham & Brother, against the said Sam- uel T. Beacham and 11 other persons, part o-wners at the bark Brothers. In 1878, Hays, one 6f the part o-wners, was the ship's husband, or managing ownei*; and, acting on behalf of all the owuers, he let the bark for a voyage ffbm Brunswick, Georgia, to Eio Janeiro. When she was about to enter upon her charter, she was discovered to be leakiiig and iinfit for the voyage, and she was sent by the managing o*ner to the libellant's ship-yard, and had necessary repairs put upon her at a cost of $1,627. She was soon afterwards lost at sea. Of the bill for repairs the libellant's received a' small sum from the managing owner, being the balance of the ship's eamings in his hands; and also ifeeeived from him, and also from most bf the bther part owners, including Samuel T. Beacham, proportions of the balance of the biil «quai to their respective shares iri the sMp.^ Certain bthers of the owners refused to pay anything, and this suitis brougbt agaiinst all to recover the impaid balance of |839. �As to the defendants Baier Brothers; owners of one-six- teenth of the bark, I aru satisfied from the testimony that they notified libellants at the' commencement of the repairs that they would not be responsible forant part' of the cost, ' and that libellants WentbnNvith' the work, taking the risk bf getting paid as tb that share fronl the eamings of ' the- vessel to corne into the hands of thb managing bwner or by the otner owneirs. As to the bther' owners who have refused to pay, while there is no evidence of express authority from them authorizing these particular repairs to be donc, there is no evidence of any dissent ; and as it appears that the managing owner had been acting as such for several years, and that during that time all matters connected with the management of the vessel and her employment had been «ommitted to him, and that these repairs were neeessary to -enable the vessel to perform her charter, I think that prima ��� �