¶1“The Court is of opinion, that the evidence of John M’Knight, given in his deposition, being the only evidence in this cause, was not sufficient to charge the appellants with the wages of the appel-lee, from the port of Rotterdam to the time of the capture of the vessel, in the said deposition mentioned or, with any part of the said wages; and that the judgments of the District Court, and of the Court of Hustings, are erroneous. Therefore, it is considered, that they be reversed, &c. ”
3 Va. 228
Cavan v. Martin
Decided May 14, 1802
Court of Appeals of Virginia · decided 1802-05-14
Martin brought indebitatus assumpsit against Cavan & Kennedy, in the County Court, and declared for work and labour done and performed. Plea, non assumpsit, and issue. Upon trial of the cause, the defendant filed a bill of *exceptions to the Court’s opinion, whereby it appeared, that Martin, a mariner, entered on board the ship Polly & Nancy, on a voj'age from Alexandria, in Virginia, to Rotterdam, and from Rotterdam to St. Ubes, and from St. Ubes, back again to Alexandria.
Decided 1802-05-14