Gentry

The facts stated by Circuit Judge Mack, who participated in the first hearing, are as follows:

In August, 1930, plaintiff, a citizen of Great Britain, then owner of the steamships Chiapas and Guerrero, was contractually bound to put the Chiapas into service by October 29, 1930, in carrying passengers from California to Mexico, and later, if necessary, to supply other vessels for this purpose. While engaged in fitting out the Chiapas, he became financially embarrassed, and a number of parties supplying labor and material thus acquired liens against the vessel. On November 10, 1930, a libel in admiralty was filed by two of the creditors against the Chiapas, and on November 11,1930, the United States marshal took possession thereunder. The parties stipulated that the marshal retained custody of the vessel from that date until September 26, 1931, when, pursuant to court order, it was sold at public sale. Defendant Gentry's attorney was purchaser for Gentry.

Plaintiff, desiring to secure a loan to pay off his debts and thus to avert libels, had sought the aid of defendant Wilson, who on October 23, 1930, introduced him to Gentry. The latter in turn introduced him to defendant…