Snow v. Halstead

By the Court,

Bennett, J. On the 28th day of February, 1850, the defendant Halstead, entered into a written contract with one Balch, by which Balch agreed to transfer to him the bark Sacramento on the 28th day of the succeeding May ; and Halstead agreed to pay Balch on that day the sum of seven thousand six hundred and fifteen dollars, with interest at 5 per [360]cent. Halstead paid on tins agreement, at various times, sums amounting in the whole to about $7000, but failed in the end to pay the whole amount, and the title to the vessel was transferred by the agent of Balch to another person. About the 1st of March, 1850, Halstead, who then had possession of the bark, contracted verbally with the plaintiff Snow, to sell to him one fourth part of the Sacramento, and to give him the berth of mate on the vessel on a trip to the Sandwich Islands. The plaintiff paid Halstead $2300, as part payment of the purchase money, and one witness, Francis S. Balch, testifies, that “ from “ conversations with Snow, witness got the conviction that Snow “ knew all about the circumstances of Halstead’s purchase.” The only testimony, showing any representations of the defendant before or at the time of the above contract of sale to Snow, is that of Gould, who states, that he acted for Snow in the matter, and that Halstead “ stated that he had bought the bark Sacra- “ mentó, and wished to sell part of it.” It also appears that Halstead had stated to Snow and others, that he was the owner of the bark, but whether such declarations were made before, or at, or subsequent to, the sale to Snow does not appear.

The vessel made a trip to the Sandwich Islands and back, which turned out to be unprofitable. Snow went as mate on this voyage.

On the 10th day of October, after the return of the bark from the Sandwich Islands, Halstead executed a written instru-i xnent, which recites that he had bargained for and purchased the bark Sacramento of Balch, and that, soon after such purchase, he had made an arrangement with Snow by which the latter was to become part owner, and had agreed to purchase one quarter of the vessel, and had paid $2300, and had become part owner of the bark in the same proportion that the sum of $2300 is to the sum of $13000, and declares that when the balance of the money due for the quarter interest of Snow should be paid, then Snow would be the owner of one quarter part of the vessel. There is no evidence, either in this instrument or otherwise, that any money was |>aid at the time of the execution thereof, or afterwards.