The Lottie Bennett

Good Law
3 F. Supp. 764·1933 U.S. Dist. LEXIS 1697
United States District Court, Northern District of CaliforniaMarch 29, 1933Nos. 21251, 21256, 21191, 21257California1,862 words

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…

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