1 Conn. 75
Decided June 15, 1814
Supreme Court of Connecticut · decided 1814-06-15
THIS was an action of book-debt. The cause was tried at Haddam, December term, 1813, before Mitchell, Ch. J. and Trumbull and Ingersoll, Js. On the trial the plaintiff offered evidence to prove the following facts : That in the year 1799, the defendants were owners of the schooner Fox, which they fitted out for a voyage, and constituted the plaintiff master, directing him to go and make as good a voyage as he could for them.
Cited in Black's (1910)’s definition of “Action of Book Debt” · Cyclopedic (1922)’s definition of “Action Of Book Debt”
Decided 1814-06-15
¶1It seems in this case, that the plaintiff paid over the 1043 dollars relying on the promise of the defendants to indemnify him from all cost and charges to which he might be subjected on account of the contract which he made in Martinique; and it is expressly stated, that they settled the accounts of the voyage. These facts being stated and admitted, there can be no ground for the action of book-debt, but the remedy must be on the contract.
¶2New trial not to be granted.