Snow

By the Court,

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…