Page:Federal Reporter, 1st Series, Volume 8.djvu/365

6IjOT£B V. AMES. 9^1 �Glothe V. Ames. �iOireull Court, D. Maine. 1881.) L PiJBLTC Saib of Comdbmsed Vesselt-Pubchasb bt Mastek— RATiFrcATrow �BY OWNBBS. �A. owned nlne-sixteenths of s brig, B. and C. each one-eighth, and other parties the balance. While on a voyage with A., as master, the brig was dam- aged by a stonn, and on report of the surveyors was condemned, and by order of the master sold for whom it might concern at public auction. A. , through a third party acting in his behall, became at the sale the purchaser of the brig. B., as the agent of A., afterwards sold the brig to C, who sold her to the de- fendant, against whom A. brought an action of replevin for the brig. Hdd : �(1) That such ptirchase by the master, though made through another, wa» tnvalid, and did not divest the other owners of their interest, unless subse- quently ratifled by them. �(2) That B. and C. had ratifled and conflrmed the sale, the one by selling and the other by purchasing the brig as the property of the plaintifl.-with knowledge of the indirect purchase by A. at the sale, and the consequent invalidity of his title. �(3) That as the defendant claimed title through B. and C, and claimed no rights under the other owners, it was immaterial in this action whether the latter had ratifled the sale ornot. �2. Bma bt Ageni>— Adtbrsb Iktbrbst — Rkvocatioh of AnTHoBirr — Lœn— Waivbk. �A. was indebted to the flrm of B. & Co., composed of B., C, and X., for ad- vances on the brig's account, and B. was inrtlvidually responsible to the flrm for the debt. B. held a power of attorney from A. " to transaot any and all business in relation to my property and interest, to sell, transfer, and deliver such of my property to such persons and for such sums and on such terms as to him, my said attorney, may appear propeir and expedient, and to make and execute all neccssary bills of sale and acquittances therefor." This was given by A. when hc expected to be absent from the country, and the agency was created solely for his own advantage, and was not intended to be coupled with any interest or as security to the attorney. Acting under this power of attor-^ ney, B. sold the brig at private sale to C. for her full cash value, and the amount was credited to A. on the books of the firm. C. afterwards sold the brig at public auction, to the defendant, who was present at the sale and heard A. for- bid the sale and daim the brig as his property. In replevin by A. against the defendant for the brig, fidd, — �(1) That B., as agent, in thus disposing of the vessel to 0. to pay a flrm debt for which he was individually accoun table, was acting in a malter in which his own Personal interests were in conflict with the interests of the plaintiff, and the sale was therefore invalid. �(2) That, if the adverse interest of the agent did not invalidate the sale, it was invalid for the reason that the power of attorney had been revoked, as to the brig, before the sale, by a letter of the plaintiŒ to B. and C. , directing them as to the place and manner of keeping the brig until his return from abroad. �(3) That C, being cognizant of the power of attorney and the letter of revo- cation, could acquire no title by the sale, and the defendant, having received notice of the plaintiff'g claim, could have no better rights than C. to the brig. ��� �