boson and Sandford all see SC lev e r with note both master and partowners of  a ship be liable but partowners must be join trespass on the case on a special  verdict the case be a load good in good plight on board a ship which common  carry good in safety from Topsham to London and from London to Topsham for  reasonable fraught the danger of the sea only except and it be find that these  good be damnifyd otherwise than by the sea that the good be deliver to the  master of the ship that the plaintiff do not know the partowners that the  owner have the money agree for the fraught and far that there be more owner  than the now defendant upon this case three point do arise whether the action  lie against the owner or against the master whether the action be well bring  against some of the partowners only admit it be not whether it be good now it  be wave and not plead in abatement Carthue that the action bring against some  be sufficient as in the case of several executor who all prove the will and  only one take the administration a creditor may maintain a action against he  only so in this case he have notice of some and not of other Comberbach how  the act of the master shall bind the servant vide h a h b die a b for the  relation between master and servant h how the master be bind by the act of his  servant vide blow b Litt Rep cro h b h b here the owner have the consideration  and therefore ought to be answerable levinz contra in case of a contract all  the contractor ought to be charge and it be agree on the other side that here  be a contract by the owner and therefore the action ought to be bring against  all of they and the ignorance of the plaintiff shall not charge one owner only  and as to the objection that it ought to be plead in abatement I do insist  that the declaration ought to be prove in evidence and although this be a  action of trespass yet it be trespass on the case and arise ex quasi shrinking  for the word be that the defendant do undertake which imply Comberbach er p a  contract and let the contract be either express or in law the action ought to  be bring against all the owner be not Chargeable at all for the master of the  ship be not like a common servant and therefore the case before cite be  nothing to the purpose for the master have power over the ship and may charge  it hob it be doubt in the case of Morse and slay whether a hoiman who be not  owner of the ship be Chargeable or not but holt say the doubt there be whether  it lie against the master for it be agree that it will lie against the owner  that prima fancy it ought to be bring against the master and the owner be not  to be charge till it appear that the master be not answerable holt Ch I here  it be find that the profit come to the owner and therefore they be Chargeable  in Justin Inst title army ship a action do not lie against a man as owner but  as he have the benefit of the fraught for where there be several owner and one  dissent from the voyage he shall not be liable to a action afterward for a  miscarriage c that the master or owner may have a action for the fraught and  for the same reason either the one or the other be liable Obj that the action  ought to be bring against all I agree that this be the great doubt of the case  if it be a action ground on the contract all ought to be charge as in a  assumpsit otherwise if it be ground on the tort and here be a charge by a  contract in law and not by a express contract as the master be answerable for  the ship rob by felon the plea in this case be not to the contract but non cul  but the ground of the action be the contract and Comberbach so it be mix d  debt for not set forth tithe against one occupier where there be two be ill  dolben if a carrier S porter receive good the carrier shall be liable Eyre a  water carrier be answerable as well as another carrier side and a master shall  be answerable for the receipt of his servant but it be adjourn on the two last  point choose r Minshul by letter Oct inform I it be adjudge in this case that  the action will lie either against the master or partowners that the  partowners ought all to have be join for the benefit be to all all ought to be  charge though the action be ground upon a tort because it be a tort arise ex  shrinking