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YOUNG V. BLACK, 11 U. S. 565 (1813)

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U.S. Supreme Court

Young v. Black, 11 U.S. 7 Cranch 565 565 (1813)

Young v. Black

11 U.S. (7 Cranch) 565


If three joint owners of a cargo employ the master of the ship to sell it for them, and he afterwards become interested in the share of one of the joint owners, he cannot, in an action brought against him by the three joint owners to recover the amount of sales, set off his share of that amount.

Upon the issue of nonassumpsit the defendant may give in evidence the record of a former judgment between the same parties on the same cause of action.

It is a matter of discretion with a court whether it will compel a party to join in demurrer to evidence.

A demurrer to evidence ought not to be allowed where the party demurring refuses to admit the facts which the other side attempts to prove, nor where he offers contradictory evidence or attempts to establish inconsistent propositions.

The suit was brought by Young, Deblois, and Lawrason, against Black to recover the proceeds of the sales of a cargo shipped by the plaintiffs to the West Indies, on board the brig active, of which the defendant was master, and to whom the cargo was consigned.

The plaintiffs, Young and Deblois, had each an interest of three eighths in the cargo, and the plaintiff, Lawrason, the other two eighths. Upon the general issue a verdict and judgment were rendered for the defendant.

At the trial the plaintiffs took four bills of exception.

The 1st was to the admission in evidence of a record of a judgment between the same parties together with parol evidence that it was for the same cause of action.

The 2d and 3d bills of exceptions were to the admission of parol proof that the defendant had an interest in Lawrason's two eighths of the cargo, after the plaintiffs had shown their written instructions to the defendant with his promise to obey them, his bill of lading of the cargo, and his account of sales of it.

The 4th bill of exceptions states the whole evidence offered as well by the plaintiffs as by the defendant, and that the plaintiffs offered to demur to the whole chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 11 U. S. 566

evidence, but the defendant refused to join in demurrer and the court refused to compel him to join.

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