Carson v. Lucas
Court of Appeals of Kentucky
ERROR TO JEFFERSON CIRCUIT COURT. Debt. Case 17. Case stated, A 'writing in these words, “Due W. S. D. M., ninety-six dollars sixty cents, balance due for wages as clerk of steamer Kentucky, No. 2,” signed F. P. 0., Captain, does not import a promise on the part of F. P. C. to pay. It is but a certificate of the captain that the owners pf the boat are so indebted. — i (See 8 B. Monroe, 625-6.)
1Opinion of the Court
Judge Marshall
delivered the opinion of the court.
This action was brought by Lucas, as the assignee of Megowan, upon the following instrument, filed with the petition, viz: “Due W. S. D. Megowan ninety-six dollars and sixty cents, balance due for wages as clerk of steamer Kentucky, No. 2. E. P. Carson, Captain.”
The question is, whether this writing evidences a debt due by Carson personally, and which he is bound to pay, or whether it evidences a debt of the steamboat and its owners. It is to be observed that there is no express promise to pay, but merely the acknowledgment that a certain sum…
2Cited by1 opinion
- Krebs v. BlatzCourt of Appeals of Kentucky · 1909