The Joseph E. Coffee

BETTS, District Judge.

In so far as Terry took part in ordering or procuring the work and materials for which the action is brought, he did not act in his own right as contractor and builder of the boat, but as agent of the owner expressly directed to obtain them of the libellant. Terry’s testimony, moreover, clearly proves that the owner did not expect the charge for that service was to be made by the libellant on his, Terry’s, account, as both he and the claimant well knew Terry’s contract had already been fully satisfied and paid. The demand exceeding fifty dollars, this case, prima facie,…