
    *Joseph Winthrop versus Moses Carleton, Jun.
    Where the consignee of a ship paid certain charges on ac, lunt of the last sickness and funeral of the master, according to the custom o. the place where the ship was, the owner here was holden to reimburse those charges to the con signee.
    Interest at the rate of seven per cent, was allowed to a merchant of South Carolina, for moneys advanced there for the defendant’s account, that being the lawful and customary rate of interest in that State.
    Indebitatus Assumpsit on an account annexed to the writ, with the usual money counts, to recover the balance due to the plaintiff for disbursements and expenses on the ship, belonging to the defendant, a merchant at Wiscasset, and which was addressed to the plaintiff, a merchant living in Charleston, South Carolina.
    
    The cause was tried, November term, 1813, before the present Chief Justice, from whose report it appeared that the several items of the account were well proved ; but certain charges on account of the sickness, death, and funeral of Whitmarsh, the master of the ship, were disputed as not properly made against the defendant.
    Soon after the arrival of the ship at Charleston, Captain Whitmarsh was seized with the smallpox, of which he soon after died. When taken sick, he went to a boarding-house, and never returned to the ship, the care of which appeared to be in the plaintiff. He was attended during his sickness by two physicians ; whose bills, as also the expenses of his board and funeral, the plaintiff paid ; all the said charges being proved to be customary and reasonable. It was also proved by the testimony of a Mr. Crocker, a merchant of Charleston, that it was the practice of merchants there, to whom vessels were consigned, if the master fell sick, to supply him with every thing necessary, to pay the expenses incurred, with funeral expenses, and to charge them to the ship.
    If the said expenses were a proper charge in this action, the verdict, which was for the plaintiff, was to stand ; unless the Court should be of opinion that the lawful interest of South Carolina, which is seven per cent., ought to have been allowed by the jury ; in which case the verdict was to be altered so as to give that interest. But, if the Court should be of opinion that the charges attending the sickness and death of Captain Whitmarsh ought not to have been allowed, the verdict was to be altered, by deducting the amount [*5] * of those charges from the damages found, and judgment to be entered accordingly.
    
      G. Sullivan, for the plaintiff.
    
      Smith, for the defendant.
   The opinion of the Court was delivered by

Parker, C. J.

The only objection to the verdict in this case on the part of the defendant is, that the jury have allowed the plaintiff money which he paid in Charleston on account of the sickness and funeral charges of the master of the defendant’s ship, which was addressed to the plaintiff by the defendant or some agent of his abroad. The master was seized with the smallpox, left the vessel, and went to a boarding-house, where two physicians attended him •, but he died in a short time. The plaintiff was called upon by the keeper of the ooarding-house, the physicians, and the managers ol the funeral, with their several bills, all of which were proved to be reasonable, and he paid the whole.

It is hardly conceivable, that a ship-owner, under these circumstances, would refuse to reimburse an agent in a distant port, even if he were not compellable by law to do it. But we have no doubt that the defendant is liable in law. It is proved to be the custom in Charleston for consignees, to whom a ship is addressed by the owners, to pay charges of this kind; and that it would be dishonorable to refuse.

A merchant at home, sending his ship abroad, is presumed to know the customs and usages of the port to which he sends her; and when he sends his ship thither, he is liable for all customary charges and expenses. And, even if an action at law would not lie against his agent or consignee for any debt incurred by the ship, or in relation to the ship ; yet, if an action would lie against the owner ; or if the agent or consignee, being bound in honor to pay, according to the usage of the place, shall pay the debt, in confidence that what is customary among merchants will be allowed by his principal, he shall be reimbursed. For the owner is presumed to authorize every thing to be done by the consignee, which the custom of the place where the vessel is shall require to be done.

* The verdict in this case is, therefore, right in substance. [* 6] But the plaintiff claims interest, upon the sum advanced by him, according to the rate of interest allowed in South Carolina; and we think him entitled to it. For, otherwise, he will not be indemnified ; and, even then, he will lose the interest of his money from the time of his advancing it to the commencement of his action ; which, perhaps, he might have recovered, if it had been attended to in season. The defendant must be considered as indebted to the plaintiff in Charleston, the. moment the money was advanced ; and he ought to pay the same interest which he would have paid had he given his promissory note at the time ; the interest of the country where the contract was made being always allowed. The verdict is to be altered to conform to this opinion, and judgment entered accordingly. 
      
      
        Grimshaw vs. Bender, 6 Mass. Rep. 157. — Baker vs Wheaton, 5 Mass. Rep. 509. - Vancleef vs. Therasson & al., 3 Pick. 12. — Pearsall & al. vs. Dwight al., 2 Mass. Rep, 84.— Greenwood vs. Curtis, 6 Mass Rep. 358. — Blanchard vs. Russell, 13 Mass. Rep. 1. — Prentiss vs Savage, 13 Mass Rep. 20 —Powers vs. Lynch, 3 Mass. Rep. 77. —De Sobry vs Terrier, 2 Har. Johns. 220. — Smith vs. Mead, 3 Con. 253.— Winthrop vs. Pipoon, 1 Bay, 460. — Consequa vs. Willing, 1 Peters, 230. — Andrews vs. Herriot, 4 Cowen, 508, & note.— Thomson vs. Ketcham, 11 Johns. 235. — Smith vs. Smith, 2 Johns. 235.— Consequa vs. Fanning, 17 Johns. 511. — Emery vs. Greenough, 3 Dall. 361. — Jaffrey vs. Dennis, 2 Wash. C. C. R. 253. — Quince vs. Callendar 1 Dessaus. 160. — Hosford vs. Nichols, 1 Paige, 225.
     