Page:United States Reports, Volume 1.djvu/140

Rh 

1785.

OHN M. TAYLOR had put a veffel on the ftocks, and contracted with the different tradefmen. When the fhip was a little advanced, he fold one half to Stanley, and one quarter in Joʃeph Carʃon,  or rather interefted them each fo much in the concern. Taylor continued to be fhip's hufband, fitted out the fhip, received the bills of difburfements, and was paid by the other partners their refpective proportions of the building and outfits. While the fhip was on her firft voyage, Taylor failed— The plaintiff, who was the painter, commenced his action agianft all three, Stanley and Carʃon refufing to pay his bill.

On the 12th of Auguʃt the caufe came on for trial. It did not appear in teftimony when Stanley and Carʃon became interefted ; but it was admitted to be after the contract. The plaintiff made his charges in his book “ to Ship Hannah”, and fhewed, that on the 4th of April, Stanely and Carƒon liable for a contract made with  Taylor  only, and on Taylor's  fole credit, and that his cafe was particularly ftrong, it being proved that they had each paid their proportions already to the fhip's hufband, Taylor.

But SHIPPEN, Preʃident, inftructed the jury, that as the work was performed after they had become owners, and appeared avowedly fo, it was certainly done on their credit ; and not only the fhip's hufband, but all the real owners at the time of the work done, were liable.

Lewis, for the plaintiff, cited and relied on Cowp.636.

Verdict for the plaintiff. 

HIS was an action of Trover.— Non cul. pleaded, and iffue— Afterwards the caufe was referred, and report made, ‘‘ That

‘‘ plaintiff pay to defendant Ł.3 ; upon which payment being made,

‘‘ defendant to reftore to plaintiff certain articles, for Tower and

‘‘ Converfion of which the action was brought.’’ Judgment niʃe had been entered on this report, and now Auguʃt 13, 1785, Lewis, for the defendant, offered to ftate his objections to the confirmation of the report. Sergeant and  Baukʃon objected to going into the argument, and infifted that judgment fhould be made abfolute, becaufe Rh