Rambler v. Choat

U.S. District Court

Decided June 15, 1804

U.S. District Court · decided 1804-06-15

Suit by a seaman for wages against the captain of the ship Governor Strong. offered to read the answer of the captain to the libel of the sail- j ors in the court of admiralty, the present ! plaintiff being one of the libellants. ¡ Admitted by the court (KILTY, Chief Judge, ; •doubting). i It appeared by the proceedings in the ad- , miralty, that shipping articles had been exe- i cuted, and the declaration being indebitatus assumpsit for work and labor, and quantum meruit,…

Decided 1804-06-15

THE COURT

¶1(nem. con.) was of opinion that the plaintiff could not recover on this ■declaration, it being in evidence that there was a special agreement.

¶2Leave to amend, on giving fresh security for costs, by first day of next term.

¶3Nonsuit reinstated, with leave to amend.