Wakeman v. Vanderbilt

Citations

• 3 Cal. 380

Syllabus

<p>The captain of a vessel drew on his owner for $600, to defray the expenses of the first mate, who was injured on the voyage, and who it became necessary to leave on shore for his recovery. In an action by the captain against the owner for wages, the owner claimed to set off $450 of the amount of the draft against the claim, on the ground that he was liable for it, but did not produce the draft, or show payment of it: Held, that the court below properly rejected the set-off.</p> <p>No right of action can accrue upon a draft until payment. And where there is no right of action, there is no right of set-off.</p>