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408 MCKIM v. ODOM.
that on the10th of April, 1826, the plaintiff Moore assigned all
his interest in the schooner and her earnings to the plaintiff
McKim, of which Law was duly notified; that afterwards and im-
mediately on the arrival of the ship Cyane, the defendant Law, by
means of his bill of lading, obtained possession of the specie re-
mitted, had it exchanged in Philadelphia, and thence transmitted
to Baltimore, where he had the greater part of it deposited in The
Franklin Bank, in the name of the defendant Anderson, in trust
for his, Law's, use; that the object of the defendant Law in with-
holding, and thus secretly depositing the proceeds of sale, was
fraudulently to compel the plaintiff McKim to submit to certain
unjust and improper charges, which he, Law, as ship's husband,
claimed a right to have allowed and deducted from those proceeds.
Upon which the plaintiffs prayed relief and an injunction to stay
the money so deposited in the hands of the bank. An injunction
was granted accordingly.
The defendants answered separately. Odom averred, that the
specie which he had remitted by the Cyane to Law, was not made
up exclusively of the proceeds of the sale of the schooner and her
earnings; but consisted, in a considerable part, of the proceeds of
the sale of certain merchandise in which the plaintiffs had no in-
terest, as was shewn by an account of Zimmerman, Frazier & Co.,
which he exhibited as a part of his answer; and he also averred,
that it had been agreed between him and the plaintiff Moore, then
the half owner of the vessel, before she sailed, that all remittances
should be made to the defendant Law, as ship's husband, who had
made sundry disbursements for the use of the vessel, which he had
a right to have allowed and repaid to him accordingly, and this
defendant denied all the charges of fraud, &c.
The defendants Law & Harrison answered to the same effect;
and positively denied the secret and improper disposition of the
specie received from the Cyane as charged; and averred, that it
was not held by the defendant Anderson for his, Law's, use, as
stated.
The defendant Anderson averred, that the sum deposited in the
bank was exclusively and properly his own; and he positively
denied all combination and fraud as charged in the bill.
And the bank in their answer averred, that the sum stood on
their books as a deposite belonging to the defendant Anderson,
and that they had no knowledge of any other circumstances men-
tioned In the bill.
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