Marvin v. Mandell

This is an action of contract for money had and received. The answer is a general denial. At the trial, the evidence tended to show the following facts:

The plaintiff was master of the whaling ship Adeline, and the firm of Charles It. Tucker & Co., of which the defendant is the surviving partner, were the agents of the ship. Before the ship sailed, in 1869, the plaintiff bought one sixteenth part of her, and the defendant advanced to the plaintiff a portion of the purchase money. Mr. Tucker, one of the firm, told the plaintiff that they should be obliged to charge him seven per cent, interest,…