Speck

delivered the opinion of the court.

There is in this case, no conflict of evidence whatever. It matters not that the defendant, for his own security, had verbally stopped the freight-money. This seems to have given much offence to the plaintiff, and his part owner; and they therefore appeared to decline the proper care and responsibility which belonged to them as owners.

The act of Hoyt, in receiving the hire from Southorne, and giving his consent for the vessel to make a trip to Angel Island, was no trespass; taken in connection with the fact, that he had stopped the freight-money previously, it amounted to a waiver of his design for this one occasion; and, therefore, it was no authority to Southorne to take the vessel without the consent, or otherwise, than acting under the direction of the plaintiff and Moffit. So it was evidently understood by Southorne, because we find him applying to them for their consent, notwithstanding *420 he had obtained the plaintiff’s. It was an easy matter for them to have prevented any interference with their property, by simply objecting; but they made no effort to do so, for although they did not affirmatively consent, they did not prohibit…