
    
      Scottin versus Stanley, et al.
    
    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 was 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 in 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 shewed, that on the 4th of April, Stanley and Carson had engaged a captain 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 Sitgreaves 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, the 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 case was particularly strong, it being proved that they had each paid their proportions already to the ship’s husband, Taylor.
    
    
      Lewis, for the plaintiff,
    cited and relied on Cowp. 636.
   But

Shippen, President,

instructed the jury, that as the work was performed after they had become owners, and appeared avowedly so, it was certainly done on their credit; and not only the ship’s husband, but all the real owners at the time of the work done, were liable.

Verdict for the plaintiff.  