Legal Opinion

Nelson v. Weeks

Massachusetts Supreme Judicial Court

Decided November 15, 1872PublishedCited by 3 opinions

Contract against Stephen Weeks and David H. Daniels. The declaration alleged that the defendants were the owners of a brig called The Thames; that the plaintiff shipped on her as a seaman, for a voyage from Boston to Africa, and back to a port of discharge in the United States, at $25 a month; that he served from November 25, 1867, to March 26, 1869, when he was wrongfully discharged at St. Thomas; that he was obliged to make his way home to Boston at great expense; that the…

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Contract against Stephen Weeks and David H. Daniels. The declaration alleged that the defendants were the owners of a brig called The Thames; that the plaintiff shipped on her as a seaman, for a voyage from Boston to Africa, and back to a port of discharge in the United States, at $25 a month; that he served from November 25, 1867, to March 26, 1869, when he was wrongfully discharged at St. Thomas; that he was obliged to make his way home to Boston at great expense; that the defendants owed him nineteen months’ wages at $25 a month, amounting to $475, and also $75 expenses of getting home;…

1Opinion of the Court

By the Court.

The payment made in gold was legally a payment of the amount as cash, and must be estimated as such. Bush v. Baldrey, 11 Allen, 367.

There was no discharge given by the plaintiff under seal, and a payment upon a liquidated claim of a less sum than the amount due would not discharge the debt, though a receipt was given, expressed to be in full. Brooks v. White, 2 Met. 283. Donahue v. Woodbury, 6 Cush. 148. And paroi evidence, being generally admissible to control receipts and acknowledgments of consideration, was properly held to be admissible here.

The first instruction prayed for,…

2Cases cited1 opinion

  1. Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859

3Cited by3 opinions

  1. Headley v. HackleyMichigan Supreme Court · 1883
  2. Eastern Oil Co. v. HarrisonMassachusetts District Court, Appellate Division · 1960
  3. Loring v. LoringSupreme Judicial Court of Maine · 1875

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