case Tolson against Hallett and other part owner of a ship in the east India  company be service be liable to pay the bill of the tradesman employ by the  husband of the say ship in fit her out burr see teed v bare Abbott on Sh that  edition see baker v buckle more that may captain hall decease be husband of  the ship Elizabeth trade to the east Indies and as such he employ the  plaintiff who deal in iron in furnish and fit her out ambler it be prove in  the cause that hall use to refer the tradesman bill to one brook who act as  his clerk and examine they and as he reside at some distance from hall the  former live at the south sea house and the latter in Ormond street ambler er p  he use to give the tradesman a certificate as soon as he have settle the bill  and hall use to discharge they direct the plaintiff eight or nine month after  the ship Elizabeth have sail on her voyage deliver his bill and brook sign a  certificate and the plaintiff at the same time give a receipt for the money in  four day afterward plaintiff go to hall in order to receive the money who pay  he a large sum of money upon general account as he have deal with the  plaintiff at the same time with respect to other ship and write on the back of  the certificate not pay hall in about a fortnight after the certificate be  sign die insolvent bill against the defendant the part owner of the ship to  have the receipt deliver up and to be pay his bill on account of the ship  Elizabeth Lord Hardwicke chancellor I be of opinion plaintiff have a right  against the part owner and be proper in apply here two question first whether  the plaintiff have any demand or cause of action against the defendant or  against hall second if he have against the defendant whether he have do any  thing to discharge that demand as against they as to the first question it do  not seem to be much dispute nor can it for it be a clear case the work be do  and the good deliver on account of the owner if it have be in a foreign  country by the maritime law the plaintiff will have have a lie on the ship  itself the husband be only a steward hall be husband to a great many ship  ambler very large sum of money be lie out in fit every ship it be monstrous to  think that credit for all these sum shall be give to the husband only the  determination of this point will govern the second that be if hall be consider  as steward or agent and credit for the tradesman bill in not give to Mm but to  the owner the owner be liable unless there be any fraud or imposition put upon  they this answer the objection of laches in plaintiff in not demand the money  it be from the steward he be to demand it and in that respect this case differ  from the case put of bank note goldsmith note and bill of exchange in those  case there arise a new contract with a three person No new contract can be say  to be with the steward objection the plaintiff have give a receipt for the  money but it be admit such a receipt give to the debtor himself will not have  be a discharge of the debt without its be actual pay no more will it if give  to the debtor steward or agent unless it be do by fraud and with a view to  impose on the debtor note a receipt be not conclusive evidence against the  person sign it but he may show that he do not receive the sum mention in the  receipt straton v rastall t r Skaife v Jackson b if the part owner have be  diligent in call hall to a account and they have allow the money on this  receipt in such case it may have be consider as put it in the power of hall to  impose on the owner and the owner have be discharge from the debt and  plaintiff must have suffer but if plaintiff have neglect call for his debt in  the usual time which be say to be general do in three or four week after the  ship have sail the owner have be equal negligent in not call hall to account  it appear to I to be a most innocent transaction it be not uncommon for  tradesman to send in bill with receipt underwrite to customer who pay they can  depend upon where a servant have money give he by his master and ambler it be  usual for he to pay the tradesman bill at a certain time if they will give  receipt to the servant without receive the money and the master have allow  such receipt in his account with the servant the tradesman be bind by the  receipt and can come against the master for the money for by give the receipt  they put it in the power of the servant to impose on the master decree c  ambler er p