Ogden v. Orr
New York Supreme Court
IN error, on certiorari from the justices’ court of the city of New-York. Orr brought an action of assumpsit against Ogden, in the court below, for wages as a seaman, and also for a breach of the shipping articles, on a voyage from New-Orleans to Lisbon, and back to a port in the United, States. The plaintiff shipped on board the Paragon, at Nem-Orleans, on the 30th of April, 1813, at 35 dollars per month.
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IN error, on certiorari from the justices’ court of the city of New-York. Orr brought an action of assumpsit against Ogden, in the court below, for wages as a seaman, and also for a breach of the shipping articles, on a voyage from New-Orleans to Lisbon, and back to a port in the United, States. The plaintiff shipped on board the Paragon, at Nem-Orleans, on the 30th of April, 1813, at 35 dollars per month. One of the seamen, a witness, testified, that on the outward voyage the L , „ „ . . , . , crew were put on a short allowance of provisions, which continued until their arrival and while…
1Per curiam
Phe court below have foimSed their opinion of the. plaintiff’s right to recover, altogether upon the act of congress.; (2d sess. 7th. con. c. 62. § 3.) and.if. the action is at all to .be sustained; it must lie under that statute; for-the facts in thé cáse lead irresistibly- to the conclusión, that the„ plaintiff ■below-left the vessel voluntarily, and with the consent cl the *145master. He received his wages up to the time of his discharge, and the evidence will not fairly warrant the inference that he was driven away by harsh and cruel treatment. Although the great disparity between the wages…
2Cited by9 opinions
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- E. F. Hallack Lumber & Manufacturing Co. v. GraySupreme Court of Colorado · 1893
- Bates v. WilesOhio Superior Court, Cincinnati · 1855
- Henop v. TuckerU.S. Circuit Court for the District of Southern New York · 1872
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