
    Joshua F. Grozier et al. versus Freeman Atwood
    
      Oct. 24th.
    
      Oct. 27th.
    
    In an action upon a contract of mateship entered into by the masters of two whaling ships, the officers and crew of one of the ships cannot be joined as co-plaintiffs with the owner.
    This was an action of assumpsit, brought by the owners, officers, and crew of the Charles, against the master of the Margaret, upon a contract of mateship,
      
       alleged to have been entered into by the masters of the two vessels, for the whole or a part of a whaling voyage to the Western Islands. The claim was for the value of one half of the oil obtained by the defendant during the voyage, deducting one half of tho obtained by the plaintiffs. A verdict was found for the plain tiffs, subject to the opinion of the Court upon an objection made, that the action should have been in the name of the owners alone.
    
      Marston, for the defendant.
    J. Reed, for the plaintiffs, cited Usher v. D’Wolfe, 13 Mass. R. 292.
    
      
       See Baxter et al. v. Rodman, 3 Pick 435, in regard to the custom at mateship.
    
   The Court, on the authority of Baxter et al v. Rodman, 3 Pick. 435, held that the officers and crew were improperly joined in the action.

Plaintiffs nonsuit.  