Lewis v. Davis
New York Supreme Court
ON the return to the certiorari directed to the justices court in the city of New-York, the following facts appeared» The defendant in error brought his action against the plaintiff in error, in the court below, to recover his wages as a mariner, on board of a vessel of which the plaintiff was master, on a voyage from New-York to Bayonne, and back to New-York.
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ON the return to the certiorari directed to the justices court in the city of New-York, the following facts appeared» The defendant in error brought his action against the plaintiff in error, in the court below, to recover his wages as a mariner, on board of a vessel of which the plaintiff was master, on a voyage from New-York to Bayonne, and back to New-York. The plaintiff below claimed his wages at the rate of 20 dollars per month,from the 25th of May, to the 25th of October, 1806. The defendant pleaded non assumpsit, and payment, with notice that he should give in evidence an embezzlement…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. Ad-' mitting the rule of the maritime law to be, that mariners are to contribute out of their wages to the damages arising from embezzlements by each other, during the voyage, yet if negligence be not imputable to them, and the circumstances of the case do not fix the presumption of embezzlement upon any of the crew, they ought not to contribute. In the case before us, the first mate gave the crew permission to go on shore, requiring only that the second mate should return and sleep on board. The loss ought, in justice, to attach upon the person…
2Cited by3 opinions
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- Spurr v. PearsonU.S. Circuit Court for the District of Massachusetts · 1816
- Edwards v. ShermanDistrict Court, E.D. Pennsylvania · 1834