Giagoni

Appellants instituted a libel in rem against the Astorian, an American fishing boat, for advances made to Y. Ito, charterer, and for the discharge of maritime liens against the vessel alleged to have been necessary for the proper operation of the fishing vessel Astorian. Three causes of libel are stated in three separate counts, the first count for $1,888.50 advanced by libellants and appellants, the second cause of action for $1,-890.37 advanced by John Vitalich and assigned to appellants; the.third cause of action for $1,938.50 advanced by Vincent Pe-trasieh and Pete Kuglis, also assigned to appellant. John Vitalich is doing business 'under the name of Chesapeake Fish Company, and Pefasieh and Kuglis are doing business under the name of the Star Fisheries.

The issues were referred to a commissioner who made a report on the law and the facts favorable to the appellee. The appellant excepted to the report. Upon the hearing of appellants’ exceptions to the commissioner’s report brought on for hearing before the court by stipulation, the court filed a memorandum decision to the effect that he was of opinion that the advances were made upon the credit of Ito and not upon the credit…