Burns v. Blidberg Rothchild Co.

The plaintiff, a member of the crew of a vessel of the defendant, sues to recover wages said to have been improperly withheld and for the penalties incurred by the defendant because of the withholding.

On October 9, 1947, the plaintiff signed articles in New York for a voyage not exceeding twelve months. On arrival of the vessel at Recife in Brazil, on November 4,1947, plaintiff received shore leave with notice that he would have to return by midnight of that day. He did not return by midnight, nor had he returned by the time the vessel sailed about six o’clock the following morning. He…