Anthony C. Stralla v. Connell Bros. Co. (Canada) Limited, a Corporation, and American Factors, Limited, a Corporation

Stralla appeals from a decree in admiralty holding him liable to Connell Brothers, a Canadian corporation and to' American Factors, Limited, a Hawaiian corporation each for prepaid freight on cargo shipped on the steamer Salina Cruz. The steamer was on a voyage from Vancouver, British Columbia, to Honolulu, Territory of Hawaii, when the ship> and cargo were destroyed by fire without fault of her owner.

Separate amended libels, hereafter the libel, were filed by each libeling corporation for prepaid freight with identical allegations save as to amount of the freight. They were consolidated for trial and a single decree entered on the two libels.

The decree held liable for the prepaid freight both the Sevenseas Trading & Steamship Co., a Panamanian corporation, hereafter Sevenseas and Stralla, its manager. The corporation abandoned its appeal and there is no question that it is liable for the prepaid freight under the admiralty law, where as here the vessel is lost in the course of her voyage.

Stralla contends (a) that he never in his individual capacity agreed to transport the merchandise carried by the steamship nor received a prepayment freight on such contract; (b) that this…