Young v. Black
U.S. Circuit Court for the District of District of Columbia
Assumpsit for disobedience of orders. The first count of the declaration stated a cargo shipped jointly by plaintiffs and one Lawra-son, and joint orders from all three, and an express promise in writing by the defendant to obey those orders; and a breach of the orders; and averred that if the defendant had obeyed the orders and brought in a cargo of salt, the profit of the plaintiffs on the sale of that salt would have been fourteen hundred and thirty-five dollars; by…
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Assumpsit for disobedience of orders. The first count of the declaration stated a cargo shipped jointly by plaintiffs and one Lawra-son, and joint orders from all three, and an express promise in writing by the defendant to obey those orders; and a breach of the orders; and averred that if the defendant had obeyed the orders and brought in a cargo of salt, the profit of the plaintiffs on the sale of that salt would have been fourteen hundred and thirty-five dollars; by reason whereof the defendant became liable to pay that sum to the plaintiffs, and being so liable, the defendant, in…
1Opinion of the Court
THE COURT,
upon the prayer of Mr. Swann, for the defendant, decided (nem. con.) that the plaintiffs, Young and Deblois, could not recover without evidence of an express promise to pay them their proportion of the damages for the breaches alleged. And that the orders, &e., were not evidence of such express promise, nor were they evidence on either of the three last counts. The plaintiffs became nonsuit.
2Cited by1 opinion
- Minister of the Reformed Protestant Dutch Church v. VeederNew York Supreme Court · 1830