The Martha
District Court, S.D. New York
The libellant shipped as seaman on board the ship Martha, at New Orleans, for a voyage to Laguyra, thence to one or more ports in Europe, and back to a port of discharge in the United States.
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The libellant shipped as seaman on board the ship Martha, at New Orleans, for a voyage to Laguyra, thence to one or more ports in Europe, and back to a port of discharge in the United States. One of the printed stipulations in the articles signed by him was as follows: “And it is further agreed that no officer or seaman belonging to the said vessel shall demand or be entitled to his wages, or any part thereof, until the arrival of the said vessel at her last above-mentioned port of discharge, and her cargo delivered.” The vessel arrived at New-York on the 21st of February, and was moored on…
1Opinion of the Court
BETTS, District Judge.
The payment of wages to the libellant is resisted, upon the ground that he deserted the vessel, and thereby forfeited his wages; and this conduct on his part is said to have worked a forfeiture, both under the penalties of the law maritime and under the provisions of the act of congress of July 20th, 1790. 1 Stat 131.
I have several times ruled that the desertion of seamen from the merchant’s service, so as necessarily to work a forfeiture of wages, has now become a statutory offense, and must be established in the mode designated by the act of congress. The inquiry,…
2Cases cited1 opinion
- Nicoll v. TrusteesNew York Court of Chancery · 1814
3Cited by3 opinions
- The PelotasDistrict Court, E.D. Louisiana · 1927
- The Mary Adelaide RandallDistrict Court, D. Connecticut · 1899
- Kalanianaole v. Pacific Mail Steamship Co.District Court, D. Hawaii · 1905