Oliver Wendell Holmes, Jr.

“ The claimant relies upon the words 'grant and let' on the one side and 'take' on the other, the fixing of the price at which the United States may purchase the vessel, the reference to the vessel being 'returned,' the contemplation that the need of repairs may be attributable to the fault of the United States, the control of the United States over the destination of the ship, and some details, as showing that the United States was in the place of the owner for the time. ”

“ We deem it plain that the control and navigation of the vessel remained with the general owner, although the directions in which it should proceed were determined by the United States. Authority to direct the course of a third person's servant does not prevent his remaining the servant of the third person. ”

“ But we cannot accept this conclusion. The general owner furnished the crew and a master who at least regarded himself as representing its interests, since he protested against commands that he received. ”