Scottin v. Stanley 1 Dall. 129, 1 U.S. 129

*Scottin v. Stanley et al.

Owners of vessels.

Part-owners of a vessel are liable to tradesmen, for articles famished, or work done to the ship, after they became owners, if they are charged to the ship, although the contract was made ¡befóre.

John M. Taylor had put a vessel on the stocks, and contracted with the different tradesmen. When the ship was a little advanced, he sold one-half to Stanley, and one-quarter to Joseph Carson, or rather interested them each so much in the concern. Taylor continued to be ship’s husband, fitted out the ship, received the bills of disbursements, and was paid by the other partners their respective proportions of the building and outfits. While the ship was on her first voyage, Taylor failed. The plaintiff, who *133was the painter, commenced this action against all three, Stanley and Carson refusing to pay his bill.

On the 12th of August, the cause came on for trial. It did not appear m testimony, when Stanley and Carson became interested, but it was admitted to be after the contract. The plaintiff made his charges in his book “to Ship Hannah,” and showed, that on the 4th of April, Stanley and Carson had engaged a master for the ship. The first item of his account was dated the 3d of April; but all the rest, after they had done this, act of ownership.

Taylor offered to confess judgment; and Sergeant and Sitgrea/oes, for the other two defendants, contended,

that reference should be had to the time of the contract made, which being when Taylor was sole owner, tire plaintiff could resort to him alone ; that no purchase made or interest acquired afterwards, could make Stanley and Carson liable for a contract made with Taylor only, and on Taylor’s sole credit, and that this cause was particularly strong, it being proved that they had each paid their proportions already to the ship’s husband, Taylor. But—

Lewis, for the plaintiff,

cited and relied on Cowp. 636.