“This was an action to recover upwards of $2,000, being so much paid by the plaintiff for freight, shipping charges, duty, charges of importation, appraisement, land carriage to Boston, law and other expenses, on certain goods shipped at St John’s in New Brunswick, in December 1813, for account of the defendant, in the schooner George, and consigned to the plaintiff to forward to the defendant, residing in Philadelphia. The schooner George was captured by the Fly, and brought into Ellsworth, in the district of Maine, on the 13th of January 1814, and there seized and libelled by the collector of that port, upon the ground of a collusive capture. The cargo was delivered to Dekoven, the owner and commander of the Fly, who brought in the George, upon admiralty stipulations given by Dekoven, and Smead as his surety. The plaintiff informed the defendant of the arrival of the goods, and gave his bond to Smead to indemnify him for becoming the surety. The defendant applied to the plaintiff for an order on Dekoven for the goods belonging to him, which was given, upon the faith of the defendant’s assurances that he would indemnify the plaintiff, and reimburse him all expenses, and other sums which he might be obliged to pay on account of these goods. The defendant received the goods from Dekoven, and paid him upwards of $5000, as upon a sale of the goods to him by Dekoven. The goods were finally condemned to the United States, upon the ground of a collusive capture by the Fly. See the case of the George, 2 Wheat. 278. 1 Wheat. 406.”