boson vers Sandford hill James two b r rot see SC Mod e r with note lev SC Mod  SC salk SC action may be bring either against the master or owner of a ship  where good be take to fraught and damage show SC show SC skin SC Comber SC I  Danv lev lev sand salk salk Bulst Vaug lev lev Mod Mod in a special verdict c  the case be thus sacred scripture boson be a mercer in Exeter bring a special  action of trespass on the case against Sandford and seven Carthew other be  partowners of a ship in which good and merchandise be usual transport from  London to the port of Topsham near Exeter and declare as follow sacred  scripture quod cum Josephus boson on such a day and year at London in such a  parish and ware deliberasset onerasset England have load on board in super  quandan naven peremptory or urgent call Le company adventure of exon unde ipse  idem William Sandford and the seven other adtunc ibidem to be proprietarii ac  in how indeed nave good merchandise a mask carriationem ind requirem in common  carriat carry across to be pro rational fare salari to visit good mercmonia  Self josephi boson videlicet twenty two pecias silk undulate England camlets  and diverse other merchandise in particular ad valentian in good row bene  conditional a London predict usq ad portun Topsham in Com Devon in nave that  pro eoden josepho boson danger Marius To take out salvo transportand pro  rational fare salari per Self josephum boson the same willo Sandford and the  seven other Carthew er p pro hujusmodi carnation transportation the same  solvendo the same will we Sandford and seven other eaden good merchandise Self  josephi boson in nave predict sub custodian svan ex causan prediction tunc  ibidem to have To take back ad that transportand in nave prediction in form  predict super see to take prediction yet will we Sandford and the seven other  duty suum in she part too little one who treats a patient send machinan  fraudulently intenden the same josephum boson in here part injurare to catch  to defraud although danger Marius non hinder send ship predict ad portun de  Topsham predict in roof arrivavit good merchandise pradict in tali good row  bene conditional how eaden to be tempore deliberation onerationis ind in super  naven predict eiden josepho boson non to weigh well send good merchandiza  predict tam negligent improvident locaveru custodiveru in nave predict in  Viagio predict quod in diminution Self Willi Sandford and the seven other  servien of oneself good merchandisa that per aquas martimas in eaden nave  venien wet rob injure to be no one valor sive use eiden josepho exorcise Idemq  Josephus to visit full gain convenience beneficial qum ipse cum good  merchandisis prediction vendend leciteq barganisand acquirer lucrar to be able  altogether to make away with to send away unde idem Josephus boson Carthew to  say quod ipse deteriorate be damnum to have ad Valentiam l ind to lead forth  sectan c the defendant plead joint not guilty and the jury find a special  verdict to the effect follow sacred scripture they find that Joseph boson in  the year and place aforesaid do deliver and load in and upon the ship call c  in the say declaration mention of which ship the say William Sandford and the  seven other be then and there partner they find that in this ship the good of  person require carriage have be usual carry for a reasonable salary and that  the plaintiff deliver the good in the declaration mention on board the ship in  good condition and that they be to be transport safe from London to Topsham  for a salary to be pay by the plaintiff to the defendant upon which account  the good be receive into the ship they find that one Daniel hear be master of  the say ship and the good be deliver to he none of the defendant be then  present they find that there be several other partner of the say ship  videlicet c at the time the good in the declaration mention be put on board  they find that the plaintiff do not know but be always ignorant who be the  other partner they find that the ship arrive safe at Topsham without any  danger of the sea and that the good be sponed by negligence modus form prout c  they find that the defendant and the other partner have be always ready in the  say ship to transport merchandise from London to Topsham and back again for a  salary accord to the rate of S per tunweight and that the say Daniel hear who  be master of the say ship bad only six pound for every voyage for his wage of  the defendant and the other owner and so conclude special there be two point  make in argue this special verdict whether the verdict have h abate the bill  by find there be several other partner of the ship not name c the second be  whether the the plaintiff have mistake his action have bring it against the  owner of the ship when only the master be Chargeable as to the first point it  be argue that the defendant have lose that advantage which they may have have  by their Carthew plead to this action because they do not plead the matter in  abatement and as for that purpose the case be compare to a action against one  executor where there be more if that one executor do not plead that matter in  abatement but plead to the action he shall never have the advantage of such a  plea afterward so where trespass be bring by one jointtenant or by one tenant  in common and the defendant plead to the action and the jury find special that  another not name be jointtenant or tenant in common with the plaintiff yet he  shall have judgement notwithstanding the writ at first be abateable and so it  be adjudge in the cro Elizabeth deering v more more stowel S case I Mod case  cite in the margin footnote so where a Carthew er p action of debt be bring on  a joint bind against one of the obligors and upon non be factum plead the jury  find that t S then live be joint bind with the defendant yet the plaintiff  shall have judgement it be true if this matter have be plead in time it will  have abate the writ and so it be adjudge in Rep a cro stead versus moon  Whelpdale S case for which reason it be insist that the defendant bad lose  that advantage by plead to the action it be to be consider what relation there  be between a master and a servant for the juror have find that Daniel hear  master of the ship be only servant to the defendant for a certain salary and  to show the strict and reciprocal relation between they the case in the h h a  margin be cite and how the act of the servant will dyer cro dr Stud b affect  the master and to prove that the master be Chargeable for the contract of his  servant the case likewise in the Plowd Litt Rep cro h h c margin be cite which  case be apply to the principal case for hear the master of the ship be the  defendant servant and his labour be for their benefit and by consequence his  negligence ought to be to their loss and this agreeable to reason that the  defendant who be to receive and to have the advantage of the freightmoney  shall be charge with safe keep the good beside this be a mix action videlicet  for a malefeasance and for matter quasi ex shrinking with the owner who have  impose a certain rate accord to the weight c Carthew for transport the good  and that the one fry be owner of a ship and bring a indebitatus assumpsit for  freightmoney for import good from bordeaux to Topsham and upon a objection  that the action ought to be bring by the master and not by the owner holt Ch  just hold clear that the action may be bring by either a owner ought to bring  the action for the freightmoney and not the master therefore the party ought  to bring the action against the owner for such action be always reciprocal  then it be argue from the inconvenience if the servant of carrier shall be  Chargeable with the good and their master shall not be Chargeable to the party  in a action for if this shall be law no man shall entrust any thing of value  in the hand of servant who be general poor man so that by this mean it will be  very prejudicial to trade in carry good from one place to another it be insist  that master be not liable to the contract of their servant unless they be  nonsolvent now this action be find only on the contract which be entire and  make with all the owner therefore the action bring against some of they be  abate by the verdict for this not the same contract as allege in the  declaration as for instance in a assumpsit against two defendant if the jury  find the promise be make by three the writ be abate for the promise of three  be another promise than that make by two as to the second point it be adjudge  that the action be well bring against the owner and the case of raym SC I Mod  Rep SC vent SC side SC Morse versus sluice be cite which be adjudge when hale  be chief justice and it be thus videlicet the like action be bring against the  master of a ship and upon a special verdict find the objection be that the  action will not lie against the master but against the owner but it be adjudge  that the action be well bring against the master because it be find by the  verdict that he have use to receive money for fraught and to make contract for  transport good therefore in such a special case the action lie against the  master but it be never doubt but that it will lie against the owner for this  find ex quasi shrinking by implication of law and this a rule in law that in  all case where the action be find upon matter ex quasi shrinking it ought to  be Carthew joint against all party and for authority in this point the case in  the Noy sand roll Abr vent hob hut Mod margin footnote be cite Carthew er p  and the chief justice and two other judge hold that the joint partnership be  not pleadable in abatement by the defendant because it will amount to the  general issue but that if it be pleadable in abatement the defendant have lose  their time of plead it and judgement ought to be give for the plaintiff and  the chief justice say that it be at the election of the plaintiff either to  bring his action against the master or against the owner and so in ease of  mariner wage the action lie against either master or owner and the master or  owner may maintain a action for freightmoney unjess some of the owner disagree  to the voyage for by that mean they be exempt from the action and in the  principal case he hold that if the ship have be employ only by the defendant  though there may be other who have a joint interest with they yet the action  be maintainable by they without name the other judgement be give for the  plaintiff in argue this case that between Trin car b r rot Mod vent lev keb  Blackburne and grove be cite which be thus sacred scripture tenant in common  of land bring a action of trover in his own name alone for cut down tree and  carry they away the defendant plead to issue and in a special verdict it be  find that the plaintiff be tenant in common with t S not name yet the the  plaintiff have judgement because this be matter pleadable in abatement