The David Faust
District Court, S.D. New York
This case came up on a motion by the claimants of the schooner David Faust, to ■dismiss a libel against her, which was filed by David Bailey, to recover wages due him for services on board of her on a voyage from New York to Galveston and back. The motion was made and opposed on affidavits, the facts of which sufficiently appear in the opinion of the court
1Opinion of the Court
BLATCHFOBD, District Judge.
This is a motion by the claimants to dismiss the libel, ■ which is filed for seaman’s wages, on the following grounds: (1) That the libellant is a minor, incapable of suing in this court; (2) that the suit if maintainable, must be brought in the name of his guardian or next friend; (3) that the libel was filed before the vessel had completed the discharge of her cargo, and before a reasonable time therefor had elapsed.
The first and second objections are not well taken. Admiralty courts allow a minor to recover in his own name wages earned in sea service when the…
2Cited by3 opinions
- Yoffe v. Calmar S. S. Corp.District Court, N.D. California · 1938
- In re FortunatoDistrict Court, D. Delaware · 1925
- The Hattie LowDistrict Court, S.D. New York · 1882