by John Marshall

“ On the first voyage, Boss carried with him the bills of exchange for the amount of which this suit was brought, indorsed in blank by the Plaintiff, Gardner, which he delivered to the Defendants for collection. The amount, when collected, was to be placed to the credit of the return cargo of the Polly, in which the Plaintiffs and John L. Boss were jointly concerned. The account was settled without giving credit for the amount of these bills; and Taber, Gardner and Boss have been compelled to pay the balance acknowledged to be due. ”

“ Taber and Gardner, merchants of Rhode Island, were holders and owners of French government bills to a large amount, which were by them indorsed in blank, and given to their agent, the said John L. Boss to take to France for collection. That he, Boss, had no interest in the bills and received them as agent for the Plaintiffs, and this was known to Perrott and Lee. That he carried them to France in 1802, in a vessel of the Plaintiffs, with a cargo consigned to the Defendants, Perrott and Lee, of Bourdeaux in which cargo Boss had an interest. ”

“ The judgment is reversed, and the cause sent back for a new trial.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”