Collin v. Card

Appeal from the Superior Court of the City of San Francisco.

., This action was brought to recover of defendant $588, money collected by defendant, &c., to the plaintiff’s use. Defendant in his answer denies all indebtedness to the plaintiff, and avers that he was employed by the plaintiff to command the steamboat Boston, for plaintiff, at certain wages per month, and after managing her three months, she was destroyed by fire; and at the time of her destruction the plaintiff was indebted to him for services, in the sum of $750, and admits that he collected as manager of said boat, and as agent for plaintiff, $580, which he paid to himself, and insists on his right so to do. Defendant claims also further sums for money alleged to be advanced by him, as master and manager of said boat; specifying $23 paid, and $170 due him for services.

The cause was submitted to a jury, and the plaintiff offered evidence to show that the contract with defendant was, that his salary as master of the steamer, should be in proportion to the profits cleared by the boat. And offered to show “the earnings and expenses of the boat while running without a clerk, by his own private account book, containing only the receipts and expenses of the boat, from the time she was taken off the Sacramento route till she was burned,—kept by the plaintiff himself.

To -this evidence the defendant objected, and it was rejected by the Court.

The jury found for the defendant, $7.72, for which sum, with costs, judgment was entered against the plaintiff, in favour of defendant.

The plaintiff moved the Court for a new trial, which the Court refused; and plaintiff appealed.