Legal Opinion

The Buena Vista

U.S. Circuit Court for the District of Southern New York

Decided September 10, 1856PublishedCited by 1 opinion

[Appeal from the district court of the United States for the southern district of New York.] In admiralty. This was a libel in rem, filed in the district court, by one Bolton, against the ship Buena Vista, to recover a balance of wages. He shipped at Callao, in Peru, as steward, for a voyage to New York, at 850 per month, and signed the usual shipping articles. A portion of his wages was advanced to him.

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[Appeal from the district court of the United States for the southern district of New York.] In admiralty. This was a libel in rem, filed in the district court, by one Bolton, against the ship Buena Vista, to recover a balance of wages. He shipped at Callao, in Peru, as steward, for a voyage to New York, at 850 per month, and signed the usual shipping articles. A portion of his wages was advanced to him. The distinct court decreed in favor of the libellant [decree unreported], and the claimant appealed to this court

1Opinion of the Court

NELSON, Circuit Justice.

The defence set up in this case is, that Bolton misrepresented his fitness and qualifications as steward, and also that he was unfaithful, and grossly inattentive to his duties on board the vessel during the voyage. The proofs in the case are all one way, establishing his utter incompetency and unskilfulness as steward of a vessel, and also his wilful negligence and inattention to his duties, after repeated warnings and admonitions by the officers of the ship.

The answer given to this evidence is, that the master, under the facts stated, should have discharged the…

2Cited by1 opinion

  1. SumnerDistrict Court, D. Massachusetts · 1905

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