Legal Opinion

Monroe v. Hernande

Court of Appeals for the Fourth Circuit

Decided December 28, 1921No. 1909PublishedCited by 2 opinions

Appeal from .the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. Middleton Smith, Judge. Libel by Jose Hemande and others against James P. Monroe, as master of the steamship M. S. Elliott. Decree for libelants, and respondent appeals.

1Opinion of the Court

KNAPP, Circuit Judge.

In this suit for seamen’s wages the master set up the defense of desertion. The facts appear to be these: On the 28th of April, 1921, at the port of New York, the crew of the steamship M. S. Elliott signed for coastwise service thereon in various capacities for a period “not exceeding 12 calendar months.” Shortly afterwards the ship proceeded to Texas City, Tex., and from that port to the port of Charleston, S. C., where she arrived on the morning of the 11th of May. A seaman’s strike was in progress, and while the ship was docking a motorboat came along, manned by…

2Cases cited2 opinions

  1. The ItalierCourt of Appeals for the Second Circuit · 1919
  2. The NigretiaCourt of Appeals for the Second Circuit · 1918

3Cited by2 opinions

  1. Madden v. Lykes Bros. Ripley S. S. Co.Court of Appeals for the Fifth Circuit · 1940
  2. Barfield v. Standard Oil Co. of New JerseyCity of New York Municipal Court · 1939

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