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and there promised the plaintiffs to transport, dispose of, and render his reasonable account of said fish, as aforesaid; and the plaintiffs say that the said D transported said fish to &c., accordingly, and sold it to great profit there at said &c.; yet &c. W. PYNCHON. Against surviving bailiff, for not rendering an account of merchandise delivered to be disposed of, &c.

For that the said E and one B, who is since deceased, and whom the said E survived, at &c., from &c., to &c., were the plaintiff's bailiffs, of the articles, goods, and merchandises [mentioned in the annexed schedule] of the value of &c., to dispose thereof to the plaintiff's best advantage, and thereof to render the plaintiff their reasonable account on demand, and in consideration of the premises, the said E and B, then and there, in the lifetime of the said B, promised the plaintiff to do the same accordingly; yet, though requested, the said E and B, in the lifetime of said B, never rendered their reasonable account, as aforesaid, to the plaintiff, nor hath the said E, since the death of said B, though requested, rendered any reasonable account as aforesaid, but they, and each of them, neglected, and the said E still refuses so to do.

For not rendering an account of goods delivered, to be sold for plaintiff's best advantage, &c.

For that the said D, at Cadiz, viz. at &c., on &c., received of the plaintiff, quintals of fish, of the value of &c., for his reasonable allowance, to sell and dispose of the same for the plaintiff's best advantage, and to make his remittance of the nett proceeds of the sale, after deducting the freight in the following manner, viz. to purchase and bring home, twenty boxes of lemons, &c., and to remit the remainder of the same nett proceeds, before he, the said D, left the port, to Messrs. K and P of &c., on the plaintiff's account, and to render the plaintiff his reasonable account thereof; in consideration whereof, the said D, then and there promised the plaintiff to dispose of said goods, make the remittances, and render his account as aforesaid; yet, &c. PRATT.

For not accounting with plaintiff for the profits of a sum of money, received by defendant, to be improved for the use of the plaintiff and his sister, deceased since. Against executor of promisor.

For that the said A, in his lifetime, viz. on &c., at &c., received $, which belonged to the plaintiff and his sister

E, since deceased [and the plaintiff and the said E, were then the only children and heirs of one P, then lately deceased] to use and improve the same sum, for the benefit of the plaintiff and the said E; and the said A, then and there, in consideration thereof, promised the plaintiff and the said E, then living, to lay out and improve the same sum to their best profit and advantage and to render them his reasonable account thereof on demand. Now the plaintiff avers, that the said A laid out the same sum to great advantage, and made a large profit therewith; yet though often requested he never rendered to the plaintiff and to the said E, in her lifetime, or to either of them, an account of the said sum, or the profits thereof; and the plaintiff further avers, that the said E died before the said A, and that this action accrued to the plaintiff as surviving promisee, as aforesaid, yet neither the said A, in his lifetime, though requested, nor the said D, his executor, as aforesaid, ever rendered the plaintiff any account of the said sum, or the profits thereof, but the said D wholly refuses so to do. For not accounting with plaintiff for his share of fish received by defendant to make, cure, and sell for him, &c.

For that the plaintiff, with the rest of the fishing crew of the schooner &c., at sundry times, between &c., at &c., delivered to the said D- quintals of fish, of the value of &c., caught in said schooner during that time, to make, cure, and sell, for his reasonable allowance, to the best advantage of the plaintiff, and the rest of the crew, and thereof to render to them his, the said D's, reasonable account of their several parts of the said fish; now the plaintiff avers, that he is entitled to &c., parts of the said fish, of which the said D, on &c., at &c., had notice, and, in consideration thereof, then and there promised the plaintiff to account with him therefor on demand; yet, &c.

For not accounting with plaintiff for the share of fish belonging to his

minor son.

For that the plaintiff, at the request of the said D, on &c., at &c., sent his, the plaintiff's, son and servant C a fishing voyage, in the said D's schooner &c., and the said C continued in the service until &c., and caught &c. codfish of the value of &c., which, with the rest of the fare, were thereafterwards, on &c., delivered to the said D, as shoreman, and the said D, in consideration thereof, then and there promised the plaintiff to render him his reasonable account

of the fish caught by the said C as a cuttailman; yet the said D, &c. J. READ.

For not transporting and delivering goods, laden on board a vessel, of which defendants were owners.

For that the said plaintiff, at B, to wit, at said N, on &c., loaded in and upon their schooner called &c., the several goods and merchandises, as by the schedule hereunto annexed, to the value of &c., in good order and well conditioned, to carry from the said port of B, to the island of B, in the W. I.; the said plaintiff to pay the said D, E, F, G, H, and I, the sum of &c., for the freight of said goods and merchandises, in consideration of all which, the said D, E, F, G, H, and I, then and there assumed upon themselves, and promised the plaintiff to transport and deliver the said goods and merchandises to the said plaintiff or his assigns at said B, in like good order and well conditioned, the dangers of the sea only excepted. Now the plaintiff avers, that he hath been always ready at said B to receive said goods and merchandises, and to pay the freight thereof. Nevertheless, the said D, E, F, G, H, and I, though no dangers of the seas prevented, have never transported and delivered the said goods and merchandises to the plaintiff or his assigns, nor hath either of them transported and delivered the same, but they neglect so to do. Arthur v. Cole, Essex, 1790. T. BRADBURY.

For not paying over to the plaintiff the proceeds of an adventure, delivered to the defendant on half profit.

For that whereas the said E received of the plaintiff, eight maple desks, of the value of &c., to carry to the W. I. upon the account and risk of the plaintiff, and the said E, by his note under his hand, then and there promised to pay the plaintiff on his return from the W. I., home to S aforesaid, the prime cost of the said desks, which the plaintiff avers to be &c., with one half of the profits he should make of the same; now the plaintiff says, that the said E afterwards arrived safe at the W. I., and there sold the same desks for twelve and a half pistoles, being of the value of &c., and has since, to wit, afterwards on &c., returned home to S aforesaid, whereupon, according to his promise aforesaid, he ought to have paid the plaintiff &c., the prime cost of the said desks, and half the profits made thereof; yet, though requested, he hath never paid the same, but refuses.

For not accounting for the proceeds of an adventure.

FIRST COUNT. For that whereas the plaintiffs at &c., on &c., had delivered and caused to be delivered to the said C, twenty pieces of Russia sheeting, of the value of &c., on board the brig &c., whereof the said C, then was and now is master, to be disposed of by the said C, for the plaintiffs at &c., or any other port in &c., to which the said Ċ should go upon his then intended voyage in said brig, at and for the best price and value that the said C could obtain for the same and for him to invest or lay out the proceeds thereof, in such articles or merchandise there, as he should judge advantageous for the interest of the plaintiffs, and to account for and deliver the same to the plaintiffs; in consideration whereof the said C then and there promised the plaintiffs, that he would dispose of the said twenty pieces of Russia sheeting for the plaintiffs, at &c., or any other port in &c., to which he, the said C, should go, in his then intended voyage in said brig, at and for the best price or value, that he, the said C, could obtain for the same, and that he would lay out and invest the proceeds thereof, in such articles or merchandise there as he should judge most advantageous for the interest of the plaintiffs, and that he would account for and deliver such articles and merchandises to the plaintiffs on demand. And the plaintiffs aver, that the said C did go with the said brig upon said voyage to &c., and did carry all the said sheeting therein, and did at that place sell and dispose of the same, at and for the price of &c., and that the duties and customary commissions paid the merchant there being deducted from that sum, the proceeds of said sheeting there amounted to &c.; and further, that the said C did there, on &c., lay out and invest the said proceeds of said sheeting, in the articles following, viz. &c.; yet the said C though often requested, hath not accounted for, paid or delivered the said &c. [the merchandise] to the plaintiffs, or either of them, but wholly neglects and refuses so to do.

SECOND COUNT. And for that whereas, at &c., on &c., the plaintiffs had delivered to the said E, other twenty pieces of Russia sheeting, but of the same value, as their adventure, on board the brig &c., whereof the said E then was, and now is master, for him to sell and dispose of, for the best price or value that could be obtained therefor, and to account therefor to the plaintiffs on demand; in consideration

whereof, the said E then and there promised the plaintiffs, he would sell and dispose of the same sheeting last mentioned, at and for the best price and value, which could be obtained therefor; and that he would account for the said last mentioned sheeting, and pay the proceeds thereof to the plaintiffs, on demand. And the plaintiffs aver, that afterwards, on &c., at &c., viz. at &c., the said E did sell and dispose of the said last mentioned sheeting for the price of &c. ; yet the said E, though often requested, hath not paid and accounted therefor to the plaintiffs, or to either of them, or for the said adventure, according to his promise; but hath wholly neglected and still neglects so to do.

THIRD COUNT. And for that whereas, at &c., on &c., the plaintiffs had delivered to the said D other twenty pieces of Russia sheeting, of the value of &c., as their adventure on board the brig &c., whereof the said D then was and now is master, for him to account therefor to the plaintiffs on demand; in consideration whereof, then and there, the said D, by his note or memorandum in writing, of that date, by him signed, promised the plaintiffs, that he would account to them for the said other sheeting last mentioned, on demand; yet the said D, though requested, hath never accounted for the said last mentioned sheeting, but wholly neglects so to do. [Add the money counts.] Norris v. Rust, Nov. T. 1801, Essex. S. PUTNAM.

Owners against master of ship, for neglect in disposing of their cargo, and refusing to account, and waste and embezzlement, &c.

For that the said T, on &c., at &c., in consideration that the plaintiffs had, then and there, at his request, made and appointed him master of their ship, called &c., then lying in the port of &c., bound and ready to sail from thence to some one of the French islands in the W. I. and back again, laden with the articles and cargo mentioned in the schedule hereto annexed, the same being the property of the plaintiffs, and of the price of &c., to be sold and disposed of by the said T in the W. I., for the plaintiffs' best advantage, and the net proceeds thereof to be laid out for the plaintiffs, as hereafter mentioned; and for the further consideration of the monthly wages of &c., paid and secured to be paid to the said T, at his request, for every month, which should be spent in performing and completing said voyage, and for the further consideration of five per cent. commis

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