Page:Federal Reporter, 1st Series, Volume 8.djvu/171

BROWN V. HICKS. 157 �llelena, July 29th, he found a letter awaiting him from the respond- ent, ordering him to take the ship home. He sailed for New Bed- ford m obedience to this order, arriviiig there October 19, 1878. He took no oil during the entire voyage. I agree with the libellant that the contract shoald be, construed in the light of the usages o£ the port of New Bedford, and, being so construed, it provided for a whaling voyage to continue for the term of three years, or until an earlier accomplishment of its purpose; and in the mean time nei- ther party had the right, at his own pleasure and against the will of the other, to put an end, to the voyage, except for: good cause ; and, unless good cause existed, the action of the re&pondent in ordering the ship home in July, 1878, and thua breaking up the voyage, waa a violation of the oontract, for whieh he is responsible to the libel- lant in damages. Is such cause shown ? �The contract was strictly one of partnership, by which the owner was to coutribute his capital, and the master was to contribute his time and services, and each to share in the profits of the joint adven- ture in the stipulated proportions. It is one of the implieti condi- tions of such a contract that either of the parties is fl,t liberty to with- draw from the adventure whenever it becomes reasonably certain that it can no longer be prosecuted with success. The only inforniation concerning the voyage upon which the respondent could act was fur- nished by the letters written honie hy the libellant from Mahe. In his letters of January 3d, January 8th, February 4th, and February 24th, he wrote that the first and second mates had ieft the ship, refusing to serve longer under him; that nearly all the old crew had deserted, but he had succeeded in picking up men enough to man three of the four beats by taking Creoles who could not speak En- glish. In his letter of February 24th he writes : �"As things stand I have decided to make St. Helena my next port ; sliall be there by the last of July, when I sliall expect to hear from you. I should say, if I might be allowed to suggest, that you send me both a mate and a sec- ond mate, although I can get along very well with Murray for second mate, ihe diffleulty will be to get some one to flU his place. If you should decide to send some one eut, 1 can take them from any place you may name on the 'oast of Brazil, for I am thinking very strougly of taking the season ofE the river. I feel that it is absolutely neeessary for the benefit of the voyage that a mate should be sent out. I will leave the rest to your good judgment. It is possible I may get a very good man at St. Helena to take Murray's place, although I think it would be the better plan to send a man, providing you have a chance to send them direct to St. Helena by a sailing vessel. If you should deem it neeessary to send a mate out at once by steamer, by the way of England, I will endeavor to get along without the second man." ��� �