Nelson v. Weeks
Massachusetts Supreme Judicial Court
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…
Read the full summary
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
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
3Cited by3 opinions
- Headley v. HackleyMichigan Supreme Court · 1883
- Eastern Oil Co. v. HarrisonMassachusetts District Court, Appellate Division · 1960
- Loring v. LoringSupreme Judicial Court of Maine · 1875