SHIPPEN, Chief Justice.
If the jury are satisfied (and the evidence is strong upon the point) that there was an actual necessity for borrowing the money, to repair the ship, the plaintiffs ought to recover. The lender is bound, it is true, to make due inquiry, whether the repairs are necessary; and whether the captain has effects in his hands, sufficient to defray the expense of repairing, without resorting to a loan: but he is not bound to know, nor to inquire, what...
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