“This case came before the court upon a motion to dissolve the injunction granted on the 24th day of April 1821, and a rule obtained by the plaintiff to show cause why the bill should not be taken pro confesso. The bill was filed with an affidavit and prayer for an injunction in November 1816, soon after the action at law, sought to be enjoined, was brought. It states, in substance, that after the plaintiff had given to the defendant, a Hong merchant at Canton, the notes on which the suit was brought, he placed in the hands of Mr Benjamin C. Wilcocks, the agent and attorney in fact of the defendant, various funds to a considerable amount, with directions to apply the same towards the discharge of the said notes, and which the plaintiff charges were sufficient for that purpose. Amongst other matters charged in the bill, it is stated that the plaintiff, Benjamin C. Wilcocks, J. S. Wilcocks, and Richard H. Wilcocks, having purchased the ship Sally, which they held in certain proportions, it was agreed between them and the defendant to put a cargo on board of her, to the value of about $46,000, one fourth of which belonged to the plaintiff, one fourth to the defendants, and the other half to the three Wilcocks’s, and that the plaintiff, for the purchase of the cargo, was in advance for the other owners more than $3000. The cargo was consigned to the plaintiff, as supercargo, and he proceeded with the ship and cargo to Batavia, where he sold part 6f the latter for about $27,000, which he remitted to Benjamin Wilcocks in Philadelphia. Other parts were sold, and the proceeds invested by him in other articles, which fie brought in the Sally to Philadelphia, where he settled with Benjamin C. Wilcocks as part owner, and as agent of the defendant, all his accounts in his character of supercargo.”
4 Wash. C. C. 174