The defendant in the transaction with the Chinamen acted © not as a member of the Dardanelles Company, but as a member of the Oro Company, upon the books of which latter company the $1,900 were entered and accounted for as received for that company. Under these circumstances the action against Jones, as sustaining the relation of tenant in common with the plaintiff, cannot be maintained.

Judgment and order denying a new trial reversed and cause remanded. Remittitur forthwith.