WARREN ET AL. VS. BOSCOWITZ ET AL. 315 



every allegation in the statement of claim, and the defendant, Joseph 

 Boscowitz, claims the same benefit as if he had demurred to the state- 

 ment of claim. 



PLEADINGS — COUNTER CLAIM. 



Delivered in pursuance of order of the Honorable the Chiet Justice, 

 dated 1st May, 1889. 



And by way of counter claim the defendant, Joseph Boscowitz, 

 repeats the allegations contained in his statement of defense, and fur- 

 ther says as tollows: 



1. In the month ot March, 1886, the defendant, Joseph Boscowitz, 

 chartered from the defendant, James Douglas Warren, the said schoon- 

 ers Grace, Dolphin, Thornton, W. P. Sayward, Anna Beck, and Bustler, 

 for the purposes of sealing. 



2. The defendant, Joseph Boscowitz, fitted out the said schooners at 

 a large expense for the purposes of the said sealing adventure, and 

 sent them to sea under the management of the defendant, James Doug- 

 las Warren, and promised him, the said James Douglas Warren, in 

 consideration of the care and attention of the said James Douglas 

 Warren to the concerns of the defendant, Boscowitz, in respect of the 

 said sealing adventure, that he, the said Joseph Boscowitz, would give 

 to the said James Douglas Warren an amount equal to one-half of the 

 profits of the adventure. 



3. The said schooner Thornton was, during the said season, seized by 

 the Government of the United States States of America for an alleged 

 infraction of international law, having on board at the time a large 

 cargo of valuable sealskins, but the other schooners returned in safety, 

 and the said Joseph Boscowitz, in pursuance of his promise, allowed 

 the defendant, James Douglas Warren, an amount equal to one-half 

 the profits of the adventure, amounting to about the sum of $ 17,000. 



4. In the year 1887 the defendant, Boscowitz, again chartered from the 

 defendant, James Douglas Warren, the said schooners Grace, Dolphin, 

 Anna Beclc, W. P. Sayward, and a schooner called the Mary Taylor, 

 and after fitting out the said schooners at a large expense, sent them 

 to sea upon a sealing expedition, under the management of the defend- 

 ant, James Douglas Warren, upon the same promise as that set out in 

 paragraph 2 hereof. 



5. The said schooners, except the Mary Taylor, were all seized during 

 the said season by the Government of the United States of America for 

 the said alleged infraction of international law. 



0. The defendant, Boscowitz, expended during the said season of the 

 year 1887 for supplies, seamen's wages, and other expenses of the said 

 adventure, upwards of the sum of $33,000. 



7. Believing the said seizure to be a wrongful one, the defendant, 

 Boscowitz, joined with certain other persons, whose schooners had also 

 been seized by the said Government, in a claim for compensation for the 

 said seizure. 



8. The said claim was formulated and sent forward through the 

 agency of the Dominion Government, and the defendant, James Douglas 

 Warren, at the request of the defendant, Boscowitz, and the said other 

 parties, proceeded to Ottawa to represent their interests and assist in 

 formulating their said claims, and the defendant, Boscowitz, paid for the 

 expenses of the defendant, James Douglas Warren, incident to the said 

 journey and for legal advice, the sum of $1,200 and upwards. 



9. It was distinctly understood and agreed between the defendant 

 James Douglas Warren and the defendant Joseph Boscowitz that the 



