The Lottie Bennett
Opinion
Lead Opinion
Kerrigan, J.
The libelants and the libelees, together with others, were parties to a fishing enterprise. Libelee Prank Harris was the owner of the schooner Lottie Bennett. He with his brother and libelee Robert Piercy advertised in San Praneisco newspapers the organization of a salmon fishing trip to the waters of Alaska. By this means they contacted certain of the libelants in a room or office apparently procured for the purpose. To them it was represented that the Lottie Bennett was seaworthy and fully equipped for the proposed fishing venture; that, if fifteen men could be gotten together who would each contribute $800, Harris would furnish the vessel, the seamen, and experienced fishermen^ and that the money thus contributed would be used to purchase supplies of food, barrels, salt, etc. An initial deposit of $150 was to be made in escrow with a well-known national bank in San Praneisco, and, when the fifteen men should be found and the $12,000 collected, the vessel would be ready to sail within forty-eight hours thereafter. Piercy was the high-powered promoter. The proposition was painted in glowing colors, and it was roughly estimated that a profit of $40',000 was to be made. It looked…