Sterling

Jxj the Court,

The amended complaint alleges that the plaintiff was the owner of one-half of the bark Ardennes, and that one Hanson was the owner of the other half, and that they agreed to put the ship up for a voyage to Callao, and did send her on such voyage—-that the plaintiff accompanied the bark as supercargo, and, during the trip to Callao and hack, paid out large sums of money for supplies, seamen’s -wages, &c,—and that the ship, on her return, was indebted to him in the sum of four thousand four hundred dollars. The complaint further avers, that the voyage was made on partnership account; but there is no allegation that the hark was bought for the partnership business, or was put into partnership account. It is also stated, that after the vessel had sailed from San Francisco, Hanson sold all his interest in the bark and the partnership adventure to Ludlow, and that the latter undertook to pay his equal share of all the expenses of the voyage. The complaint prays for judgment against Hanson for one-half of the expenses of the voyage, and for a like judgment against Ludlow, together with a decree that his share of the bark should be sold ; and after trial, the court…