case John carry appellant John white and other respondent that march Mews dig  thirteen distinguish in Webster v Seekamp b and Ald and see the Riga lr ad and  e by the custom of merchant if the master of a ship be supply with necessary  for the ship by the order or on the credit of any freighter the owner of the  ship be liable to pay such freighter and on this ground it be customary for  freighter to furnish the master of the ship they take to fraught with letter  of credit for whatever money they may happen to want for the necessary service  of the ship decree of the Irish chancery make on the rehear repeal the point  of this case be thus more accurate start in vin Abr c and Eq ab c both take  from the ms table so often cite in a voyage the master of a ship be the owner  servant and his duty require he to provide necessary for the ship and it be  the owner interest that they shall be provide therefore what the master  necessary take up though not upon bottomry and employ for that purpose the  owner must pay viner vol p can Eq can ab can sir Burgundy Jervis be the sole  owner of a ship call the mary which in the year be lie in the port of Bristol  command by one Stephen simons and intend too be fraught from thence to Dingle  harbour in Ireland but be disappoint in that voyage simons inform sir Burgundy  who live in Dublin that a fraught can be get for the west Indies if he approve  of it whereupon sir Burgundy write to simons to accept such fraught and to  take up as much money on bottomry as will fit out the ship for the voyage and  provide a stock for portcharges the appellant be a merchant at Bristol enter  into a charterparty with simons for the hire of this ship for a voyage to the  island of tercera Madeira barbados and Jamaica and from thence back to Bristol  and by the term of the charterparty the owner be to pay the seaman wage and  provide all necessary for the ship but simons not be in cash for this purpose  borrow pound of the appellant on bottomry and also obtain a letter of credit  from he to his correspondent in Jamaica for whatever money he may further want  either to repair the ship or furnish her with provision or to pay the seaman  wage the ship proceed successful in her voyager to Jamaica where by virtue of  the appellant letter of credit simons take up several sum amount to pound S d  for repair and brown other necessary purpose and the whole of the money be  apply accord but on the ship return from Jamaica to Bristol she be unfortunate  lose by this accident the pound which the appellant have advance on bottomry  be lose and he have repeat apply to sir Burgundy Jervis for payment of the  pound S d which have be take by simons at Jamaica on the appellant credit as  aforesaid without be able to obtain any satisfaction the appellant in January  exhibit his bill against sir Burgundy in the court of chancery in Ireland in  order to compel payment of this demand to which bill the defendant put in a  answer and thereby insist that he give no authority to simons to take up any  money but on bottomry that the loss of the ship be enough for he to bear and  that no act of the master can bind the person or estate of the defendant or  any thing but the ship only on the that of November the cause be hear before  the Lord chancellor assist by the Lord chief justice doyne and Mr justice  dolben and on the that of that month the court decree that the plaintiff shall  recover against the defendant the several sum of money take up for the use of  the ship upon the say letter of credit and refer it to a master to state the  account brown er p the master by his report of June certify that the above sum  of pound S d have be pay to the master of the say ship out of the plaintiff  effect by virtue of the say letter of credit and that the same be expend on  the ship for sailor wage and other necessary and the cause be hear upon this  report on the that of November follow the court direct a issue at law to be  try in the court of common plea in Ireland whether any and what sum be pay for  the use of the ship the defendant be dissatisfy with this direction apply to  have the cause reheard which be accord order but before it come on he die  intestate and the suit be thereupon revive against the respondent as his  administrator the cause be reheard on the that of June when the court declare  that the plaintiff be not entitle to any relief and therefore order his bill  to stand dismiss but without cost from this order of dismission and also from  the former order of the that of November the plaintiff appeal insist I Jekyll  t Parker that the same ought to be reverse and that the respondent ought to  have be decree to pay he the say sum of pound S d which be expend on the ship  together with interest and cost because it be admit that if the master of the  ship have lie out his own money for these necessary purpose the owner must  have repay he and therefore any other person who advance the money for the  same purpose ought as well to be repay the care and direction of all be still  in the master the charge upon the owner equal and his benefit the same that at  commonlaw brown whatever be do by a servant which be for the benefit of his  master and within the trust and duty of his place bind the master as if do by  himself and in a voyage the master of a ship be the owner servant who duty  require he to provide necessary for the ship it be the owner interest that  they shall be provide so that whatever the master necessary take up and employ  for that purpose the owner be bind to pay and that by the custom of merchant  it be well know and be so prove in the cause that if the master be supply with  necessary for the ship by the order or credit of any freighter the owner be  liable to pay such freighter and on that ground it be customary for freighter  to furnish master of the ship they take to fraught with letter of credit for  whatever money they may happen to want for the necessary service of the ship  on the other side it be contend t powys I Pratt that it will be of most  dangerous consequence for the master of a ship to charge the person or estate  of his owner with what money he shall take up on pretence of provide for the  ship without a express power or authority for that purpose for that the law of  merchant have never carry it far than to invest the master with a power of  mortgage or charge the ship or cargo with such money that in the present case  the money can not be lie out by the appellant or his factor upon the credit of  sir Burgundy Jervis not only because he be a total strong to they but  principal because he have for two year before fail in his circumstance and  lose his credit nor be it even pretend that sir Burgundy ever give any  authority to the master to take up money otherwise than on bottomry that if  sir Burgundy person or estate be in all event liable to make good this pound S  d beside the pound advance on the bottomry bind and which in case the ship  have return safe to Bristol he will have be answerable for he must of  necessity have be a very great loser as the ship cost at first but pound and  her fraught in that event will not have bring above pound and therefore if sir  Burgundy himself have be at Jamaica he never will have consent to take up  money for preserve that which will have be so much to his loss and that the  appellant interest in the ship by have pound on bottomry at a large interest  to be pay on her return be much great than sir Burgundy and therefore whatever  money be lie out in Jamaica ought to be consider as lie out on account of the  appellant but yet to be discount out of the ship and fraught so far as it will  extend on its return but after hear counsel on this appeal it be order and  adjudge that the order dr decree therein complain of shall be reverse and that  it shall be try on a feign issue in the court of common plea in Ireland when  and as the court of chancery in Ireland shall direct and appoint whether any  and what sum of money be necessary lie out by or by the order of the appellant  for the pay brown er p mean of seaman wage provision brown or otherwise for  the necessary repair and use of the ship in the appeal mention during the  voyage mention in the charterparty in proof in this cause which sum so advance  or lie out be to be pay by the respondent to the appellant and it be further  order that in order to the trial of the issue above direct the say court of  chancery in Ireland be to give the necessary order for that purpose jour vol p