mariner on board a certain other schooner, called &c., whereof the said E was master &c. Imp. Pl. 261. Master v. owner for wages on quantum meruit. For that whereas the plaintiff, at the special request of the said E, had served as master of his schooner Exchange, and performed a voyage from said M to &c., and back again to said M, for the use and benefit of said E, he, the said E, then and there, in consideration thereof, promised the plaintiff to pay him on demand, so much money as he reasonably deserved for such service, &c. S. SEWALL. Another for a sum stipulated as wages. For that whereas the plaintiff, on &c., at &c., at the appointment and request of the said E, had agreed to go master of his ship S, laden for a voyage from, &c., to &c., and back, the said E, in consideration thereof, promised the plaintiff to pay him wages for said service, at the rate of &c., during his continuance therein. And the plaintiff says, that he did faithfully do the duty of a master of said ship, for &c. months, and &c. days, next before the &c. day of &c., when &c. dollars became due to him for his wages aforesaid, at the rate of &c.; yet though requested, &c. S. SEWALL. Another. For that the said E, on &c., at &c., appointed, and agreed with the plaintiff, to go master of the said E's ship B, a voyage in her from &c., to &c., with a cargo of sugars, and the plaintiff, having accepted of the trust, the said E, in consideration thereof, and that the plaintiff would do the duty of a master, in navigating and taking care of said ship and cargo during said voyage, then at &c. promised the plaintiff to pay him wages therefor, at the rate of &c., a month from the same day; and the plaintiff says, that he proceeded on the voyage aforesaid in said ship, as master of her, and, in all things, faithfully did his duty, from the same day, during said voyage, to wit, from the said &c., to &c., when &c. dollars became due, for his services at the rate aforesaid; yet the said E, though requested, &c. The same against owner; for one third of the vessel's earnings in lieu of wages, as master. For that whereas the said E, at &c., on &c., appointed the plaintiff master of the said E's coasting sloop, called &c. directing him to employ her in coasting backward and forwards, to and from several parts of this Commonwealth, to the best advantage of the said E; and for the plaintiff's service in managing said vessel, the said E. then and there promised him, to allow him, for and during such time as the plaintiff should continue master of the said vessel, such share of the earnings of said vessel, as is customarily allowed to masters of such coasting vessels, which the plaintiff avers to be one third part. Now the plaintiff in fact says, that from &c., to &c., he employed the said vessel in coasting to and from several parts of this Commonwealth, during which time she earned the sum of &c., which sum the said E received from sundry persons, for freight of their goods carried in the said vessel, during the time aforesaid; in consideration whereof the said E, on the same day, at &c., promised the plaintiff to allow and pay him the sum of &c., being one third part of what the said E received as the earnings of said vessel in manner aforesaid; yet, &c. BOLLON. The same for wages of servant. Quantum valebant. For that whereas the said E, on &c., at &c., in consideration that the plaintiff, at the special request of said E, had permitted one A D, then being the apprentice and servant of the plaintiff, to serve as a mariner on board the said E's schooner Exchange, for the term of &c., and which service the said A D performed accordingly, promised the plaintiff to pay him, on demand, so much money as the labor and service aforesaid of the said A D were reasɔnably worth &c. S. SEWALL. NOTE. The plaintiff might declare in this case in indebitatus assumpsit and quantum meruit for labor &c. of his servant generally. (MSS.) Indebitatus assumpsit for a shipwright. For the labor and services, as a shipwright, before that time, done and performed by the plaintiff in repairing a certain ship of the said E, called &c., at his request; and for divers materials and other necessary things, by the plaintiff provided and used, in and about the said work, at the like request of the said E, in consideration &c. - Add. Quantum meruit. Imp. Pl. 266. Indebitatus assumpsit for freight. For the freight of certain goods, wares, and merchandises of the said E, before that time by the plaintiff, at the request of said E, carried and transported in a certain vessel of the plaintiff from parts beyond seas, to wit,* from London to the port of Boston aforesaid, in consideration &c. - Add Quantum meruit in consideration the plaintiff had carried and transported divers other goods &c. Imp. Pl. 277. NOTE. An indebitatus assumpsit is good for freight, without mentioning what the freight consisted of. 1 Vent. 100. (MSS.) Indebitatus assumpsit for hire of a ship. 1. For the use and hire of a certain vessel, with the furniture and tackle thereto belonging, called &c. of the plaintiff, by him, before that time, let to hire and delivered to the said E, at his request, and, by the said E, had and used accordingly for a long space of time, in consideration &c. Quantum meruit. 2. In consideration that the plaintiff, at the like request of said E, had, before that time, let to hire and delivered to the said E, a certain other vessel of the plaintiff, with the tackle and furniture thereto belonging, called &c. to be had and used, and which was had and used by the said E. accordingly, promised &c. Imp. Pl. 343. Indebitatus assumpsit for hire of a boat. 1. For the hire and use of a certain boat of the plaintiff, called a punt, by the said E, at his request and by permission of the plaintiff, before that time, had, used, and enjoyed, in consideration &c. Quantum meruit. 2. In conside: ation that the plaintiff, at the like request of the said E, had, before that time, let to hire to the said E, a certain other boat, called a punt, and which was accordingly used and enjoyed by the said E, &c. Imp. Pl. 334. Indebitatus assumpsit for demurrage. 1. For the demurrage of a certain vessel called a lighter, of the plaintiff, by the said E, before that time, retained and kept, with divers goods, wares and merchandises, on board thereof in demurrage, in consideration &c. * Omitted, if the case be different. Quantum meruit. 2. In consideration that the plaintiff, at the request of the said E, had, before that time, suffered and permitted the said E. to retain and keep, and that the said E had accordingly retained and kept, a certain other vessel of the plaintiff, called a lighter, with certain goods &c. on board thereof, on demurrage. Imp. Pl. 282. Indebitatus assumpsit for carriage of goods by bargeman. 1. For the carriage of divers goods, wares, and merchandises, by the plaintiff, before that time, carried and conveyed in certain barges of the plaintiff for the said E. at his request, in consideration &c. Quantum meruit. 2. In consideration that the plaintiff, at the like request of the said E, had, before that time, carried and conveyed divers other goods &c. of the said E, in certain other barges of the plaintiff, &c. Imp. Pl. 288. NOTE. The same declaration will answer for a land carrier, only inserting instead of the parts in italics, " in certain wagons and carts of the plaintiff, from &c., to &c." Imp. Pl. 289. (MSS.) Indebitatus assumpsit for salvage of an anchor and cable. 1. For the salvage of a certain anchor and cabling by the plaintiff, before that time, saved for and delivered to the said E, at his request, in consideration &c. Quantum meruit. 2. In consideration that the plaintiff had, before that time, saved for, and delivered to the said E, at his like request, a certain other anchor and cabling &c. Indebitatus assumpsit for carrying passenger. 1. For the carrying and conveying of the said E, from &c., to &c., in a certain ship, called &c., whereof the plaintiff was master, and at the request of the said D, in consideration &c. Quantum meruit. 2. In consideration that the plaintiff had, at the like request of the said E, before that time carried and conveyed the said E, from &c., to &c., in a certain other ship, called &c., whereof the plaintiff was master, &c. Imp. Pl. 346. Indebitatus assumpsit for goods wharfed. 1. For the wharfage of divers goods, wares and merchandises of the said E, before then wharfed and landed, out of certain vessels, upon a certain wharf of the plaintiff in consideration &c. Quantum meruit. 2. In consideration that the plaintiff had, before that time wharfed and landed divers other goods &c. of the said E, at the request of the said E from certain vessels, upon a certain other wharf of the plaintiff, &c. Imp. Pl. 282. NOTE. If the goods are wharfed and put on board a vessel, then say, "for the wharfage, landing, housing and weighing of divers goods, &c., before then loaded from, and off the wharf of the plaintiff on board a certain vessel of the said E, at his request," &c. The parts in italics seem immaterial. Imp. Pl. 284. (MSS.) Indebitatus assumpsit for warehouse room. 1. For warehouse room and stowage of divers goods, wares, and merchandises of the said E, at his request, before that time, found and provided by the plaintiff, in the warehouses of the plaintiff, in consideration &c. Quantum meruit. 2. In consideration that the plaintiff, at the request of the said E, had, before that time, found and provided for the said E other warehouse room and stowage, for divers other goods &c. of the said E, in certain other warehouses of the plaintiff, &c. Imp. Pl. 303. Indebitatus assumpsit for premium of insurance. 1. For premiums of insurance, before that time due and payable from the said E to the plaintiff, for and upon divers large sums of money, before that time subscribed by the plaintiff, upon divers policies of assurance, to the said E, at his request, in consideration &c. Add Quantum meruit. Imp. Pl. 331. NOTE. Assumpsit, for that the defendant was indebted to the plaintiff in £20 pro premio, on a policy of assurance; it was objected, that the plaintiff ought to show a certain consideration, what the premium was, and how it became due. By the court; it is good, and like Assumpsit pro quodam salario, which has been adjudged good. R. on demurrer. 2 Lev. 153; Imp. Pl. 332. (MSS.) For the hire of goods, horses, &c. 1. For the hire of divers goods and chattels of the plain |