Gerber v. Spencer
Court of Appeals for the Ninth Circuit
Appeals from the District Court of the United States for the First Division of the Northern District of California. Libel by Richard J. Spencer and others for wages, transportation, and subsistence, as seamen on the ship Benowa, owned by the Pacific Motorship Company, in which W. F. Gerber, Jr., and the anglo-Cali-fornia Trust Company a corporation, intervened. Decree for the libel-ants, and interveners appeal.
Read the full summary
Appeals from the District Court of the United States for the First Division of the Northern District of California. Libel by Richard J. Spencer and others for wages, transportation, and subsistence, as seamen on the ship Benowa, owned by the Pacific Motorship Company, in which W. F. Gerber, Jr., and the anglo-Cali-fornia Trust Company a corporation, intervened. Decree for the libel-ants, and interveners appeal. Gerber and the Anglo-California Trust Company appealed from a decree in favor of appellees libelants, for wages and transportation and subsistence against the ship Benowa. and, in the…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). The assignments of error call for consideration of several elements of the decree, especially what are called penalties, ihe provisions for transportation, and the order for the sale of the ship under a junior libel, without consolidating it with earlier and intervening libels under which the ship is held.
[1] Section 4529 of the Revised Statutes, which provides that a master or owner shall pay every seaman his wages within certain days after termination of the agreement under which he was shipped, also provides that a master or owner, who refuses or…
2Cases cited5 opinions
- Covert v. The British Brig WexfordDistrict Court, S.D. New York · 1880
- The CubadistDistrict Court, S.D. Alabama · 1918
- City of MontgomeryDistrict Court, S.D. New York · 1913
- Burns v. BaylisDistrict Court, S.D. New York · 1885
- Kessler & Co. v. Ensley Co.U.S. Circuit Court for the District of Northern Alabama · 1905
3Cited by31 opinions
- Collie v. FergussonSupreme Court of the United States · 1930
- Loggins v. Steel Const. Co.Court of Appeals for the Fifth Circuit · 1942
- Samad v. the Steamship EtivebankDistrict Court, E.D. Virginia · 1955
- Governor & Co. of the Bank of Scotland v. SabayCourt of Appeals for the Fifth Circuit · 2000
- The TraderDistrict Court, E.D. South Carolina · 1926
26 more not listed; retrieve them via the Exa API.