Legal Opinion

Leak v. Isaacson

District Court, S.D. New York

Decided July 15, 1847Published

This was a libel in personam, by George Leak against Michael Isaacson, owner of the steamboat Proprietor, to recover a balance of wages earned as engineer. The facts were substantially as follows: The libellant was hired by the respondent in New .York to go to Charleston, and there to go on board the Proprietor as engineer.

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This was a libel in personam, by George Leak against Michael Isaacson, owner of the steamboat Proprietor, to recover a balance of wages earned as engineer. The facts were substantially as follows: The libellant was hired by the respondent in New .York to go to Charleston, and there to go on board the Proprietor as engineer. No wages were agreed upon; but the value of the services for the time for which the libellant was attached to the boat was shown to he $70. The libellant went to Charleston at his own expense, — a service shown by the testimony to be worth $25, exclusive of travelling…

1Opinion of the Court

BETTS, District Judge.

A receipt in full may form an exception to the familiar principle of law which permits receipts to be explained by parol evidence. The receipt of a sum in full of a debt is something more than simple evidence of the payment of the sum specified. Such a receipt betokens a controversy between the parties as to the amount due, a difference of opinion upon that point, and a mutual compromise and adjustment of a disputed indebtedness at the precise sum mentioned in the instrument. The receipt in full may well be regarded as embodying a compromise; and al-. though fraud or…

2Cases cited9 opinions

  1. Palmerton v. HuxfordNew York Supreme Court · 1847
  2. Thomas v. AustinNew York Supreme Court · 1848
  3. Patterson v. AckersonNew York Court of Chancery · 1831
  4. Bailey v. DaySupreme Judicial Court of Maine · 1846
  5. Holbrook v. BlodgetSupreme Court of Vermont · 1833

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