Jennings

— The defendant, a shipbuilder, was the general and registered owner of the schooner ‘ ‘ Greenfield. ’ ’ While so *718 the owner he appointed one Horton master. Subsequently he entered into an agreement with. Horton, by which it Avas agreed that Horton was to have the entire control, and possession of the schooner, to make all contracts in regard to the freighting and business, to engage her in any business he might desire within the inland waters of this state, to victual, man and run her at his own expense, and was to collect all the earnings and freight moneys, and pay to defendant one-third of the gross earnings at the end of each and every month, or as often as a settlement was had between them; the defendant to keep the schooner seaAvorthy and in repair. Subsequently Horton entered into a partnership with one Finney in the running of the schooner, and Horton and Finney made all contracts in regard to her business, and employed her as they saw fit and proper, and had entire and exclusive possession and control of her. ,

The plaintiff contracted with Finney, acting for himself and Horton, to carry certain goods. OAving to negligent stowage the schooner capsized and the goods…