The opinion of

was, that the jury must be satisfied that the defendant received the money, but that the delivery of the inward cargo to the owners, without the consent of the-plaintiff, is evidence of the defendant’s receipt of his commissions, which the defendant in this case ought not to be permitted to deny.

Note. Kilty, C. J., Was appointed Chancellor of Maryland, on the 26th of January, 1806, and did not afterwards sit in this Court.