Champlin v. Butler
New York Supreme Court
ASSUMPSIT on a quantum meruit, for the wages of the plaintiff, as master of the ship Lion, on a voyage from New-York to Canton and back to New-York ; and for the wages of his apprentice during the same voyage. The defendant pleaded non assumpsit, with notice of set off. The cause was tried at the New- York sittings, in April, 1819, before Mr. Justice Yales.
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ASSUMPSIT on a quantum meruit, for the wages of the plaintiff, as master of the ship Lion, on a voyage from New-York to Canton and back to New-York ; and for the wages of his apprentice during the same voyage. The defendant pleaded non assumpsit, with notice of set off. The cause was tried at the New- York sittings, in April, 1819, before Mr. Justice Yales. The plaintiff produced a formal and absolute bill of sale * t 1 of the ship from Minium &r Champlin to the defendant, for - .. . . . . *■ . . . ... the consideration or 30,000 dollars, without date, but which was proved to have been…
1Opinion of the CourtPlatt, J.
I see nothing to support the first objection, (as between these parties,) viz. that parol evidence should not be allowed, to prove that the bill of sale, absolute in terms, was, in fact, to operate as a mortgage merely. But whether the defendant be considered as an absolute purchaser, or as a mortgagee in possession, would, in my judgment, be immaterial, provided there was an actual contract of hiring between him and the plaintiff; and in either case, the relation of owner and master would exist, so as to support the claim of wages, if the voyage was performed for the use of the defendant.
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2Cited by14 opinions
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