“Assumpsit. The principal circumstances were as follows. The defendants (who are citizens of Maine) were owners of the brig Diana, of which William Heddean was master. She arrived at Havana in the island of Cuba, and was consigned to the plaintiff (a citizen of Connecticut, but a resident merchant at Havana), by the master, to procure freight on a freighting voyage. Six hundred boxes of sugar were procured on freight, on a voyage from Havana to Bremen, upon an understanding, that 150 boxes more should be taken on board on account of the owners. The master had no authority to take any sugars on board on the owners’ account; but it was agreed between him and the plaintiff, that he should receive these on board on their account, and remit the proceeds to Samuel Williams at London, and should draw a bill for the amount on Williams, payable at sixty days sight; that the sugars should be insured in Boston on the owners’ account, and that a Mr. Whitney, the agent and correspondent of the plaintiff, should be employed to effect the insurance.”
4 Mason 336