Page:Federal Reporter, 1st Series, Volume 8.djvu/368

 354 FEDERAL REPORT£Ii. �It is elftimed that there is no evidence of a ratification by the Bos- ton ownete of this 'sale, and ,of the purchase by the master. It ie 'lannecessary to deternaine whether, by their subsequent conduot, these owners shduld not be held to have sanctioned her sale, as in this action it is wholly itnmaterial whether they do or not still retain their interest in the brig. The defendant bas in no way aequired any rights under the Boston owners. At the time he todk possession of the vessel he was not acting in their behalf, and, unless he can establish his own title, he is a mere stranger to her, with no right "or authority whatever to withhold her from the plaintifif, the owner of thirteen-sixteenths, if not the entire ship. After the arrivai of ihe brig at Eockland her crew were pressing for their wages, which, with the custdm-house charges, amounting in all to about $1,300, Vipere paid by the firm of W. H. Glover & Co., composed of E.K. and W..H. Glover and Albert Lowry; E. K. Glover, who held a power of attoirney, hereafter referred to, from Charles, having become per- sonally aecountable to the firm for the payment of these advances, whibh were cbarged on the firm books to the brig's account. For some years the firm had kept an account with the brig, which, after the plaintiii's purchase at Dartmouth, was continued on the books as before without any change. �The firm also had a private account with the plaintif, for the pay- ment of which E. K. had rendered himself accountable. These ac- counts are still unsettled, Probably, on a final adjustment, there will not remain a large amount due from the brig to the firm, but the plaintiff, on his private account, will be found indebted to them for a considerable amount. Plaintiff remained abroad until May, 1879, but he rendered to the firm no account with the ship after leaving Galveston, the port from which he sailed for Havre, but he did remit from Havre to the firm £240 on the ship's account. In October the ballast was discharged from the vessel, and she was laid up that fall and winter at the breastwork of the defendant. The plaintiff, from time to time, wrote the firm and E. K, Glover, advising them that he was endeavoring to collect the general average, and that he had commeneed proceedings in chancery for that purpose; but there was Qothing in his communications from which his brothers derived any great hope of a suecessful resuit, and they advised him to make the best settlement possible and return home. In April, William H., in behalf of his firm, undertook to take measures to seoure to the firm the amount of plaintiii's indebtment, and applied to Mr. Hall, an ��� �