Cox v. Lykes Brothers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herbert Cox, from a determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 28th day of June, 1921, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District, in favor of the plaintiff and against the respondent. The complaint was dismissed by the trial court as against the defendant Lykes Brothers.
1Opinion of the Court
Smith, J.:
The plaintiff was a seaman upon a vessel operated by the defendant United States Shipping Board Emergency Fleet Corporation, and brought this action to recover under section 4529 of the United States Revised Statutes, for two days’ pay for each day that his wages were, as he claims, wrongfully withheld." A recovery was had in the Municipal Court, which was reversed in the Appellate Term on the ground that the statutory penalty could be recovered only from the master or owner of the vessel, and not from the operator, United States Shipping Board Emergency Fleet Corporation, and on…
2Cases cited3 opinions
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Ingersoll-Rand Co. v. United States Shipping Board Emergency Fleet Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- Drinkwater v. The SpartanDistrict Court, D. Maine · 1828
3Cited by2 opinions
- Duke v. Helena-Glendale Ferry Co.Supreme Court of Arkansas · 1942
- Lonnberg v. KnoxAppellate Terms of the Supreme Court of New York · 1924