
    WM. D. ANDREWS, agent, d. b. app’lt. ats. ALLEN, et al., owners of the schooner Gen. Harrison, pl’ffs. b. respdts.
    An agent is liable on his own contract, though his principal be known.
    The nonjoinder of proper defendants must be pleaded in abatement.
    This was an appeal from the judgment of a Justice of the Peace. Narr., in assumpsit, on the usual counts, and pn a special contract of affreightment. Pleas, non-assumpsit, payment, set-off, discount and act of limitation.
    The ship Walter was wrecked near Indian river, in Oct. 1844, Wm. Andrews for Nahum Andrews, who had a contract to save the goods, employed captain Allen of the schooner General Harrison, to convey goods from the ship to Philadelphia for $125, and $10 a day for demurrage. Captain Allen was detained at Philadelphia by the revenue officers several days. The consignee paid the freight, and referred the matter of demurrage to Andrews himself.
    Layton, for defendants,
    moved a nonsuit, 1st. Because the action was brought against an agent, where the principal was known. Where the agent discloses his principal, the only remedy is against the principal. (1 Chit. Pl. 25, 74; 15 East 62-6; 15 Ves. 352; Paley P. & A. 246; 3 Camp. 817; 2 M. & S. 438.) 2d. Because the evidence showed a joint contract of Wm. and Nahum Andrews. 3d. Because the contract was in writing, and could be proved only by the bill of lading, which fixes the freight at $125, without any reservation for demurrage. (17 Law Lib. 103-5; Smith on Merc. Law 173-5.)
   The Court

refused the motion: 1st. An agent contracting personally, is personally liable, though his agency be known, and the principal be disclosed. (2 Kent’s Com. 630; 1 Saund. Pl. & Ev. 82, 72.)

2d. If this be a joint contract, it is not a ground for a non-suit. That must be pleaded in abatement. It is no less the contract of W. D. Andrews because it is also the contract of N. Andrews. And if a defendant would object, that not only he, but others, made the contract, he must plead it. Not so of a plaintiff. He knows with whom the contract was made.

Houston, for plaintiff.

Layton, for defendant.

3d. The third ground depends on evidence yet to be produced by the defendant, and cannot be any reason for a nonsuit.

Verdict for plaintiff.  