Ward v. Ames
New York Supreme Court
IN error, on certiorari, from the justices’ court of the city of New-York. Ames brought an action of assumpsit in the court below, against Ward, as master of the ship Margaret, to recover his wages as a seaman on board of the said ship, on a voyage from New-York to Cadis, and back to New-York. The defendant pleaded non assumpsit, and that the plaintiff had forfeited his wages by desertion.
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IN error, on certiorari, from the justices’ court of the city of New-York. Ames brought an action of assumpsit in the court below, against Ward, as master of the ship Margaret, to recover his wages as a seaman on board of the said ship, on a voyage from New-York to Cadis, and back to New-York. The defendant pleaded non assumpsit, and that the plaintiff had forfeited his wages by desertion. The plaintiff had signed the articles, in the usual form, for the voyage, and performed his duty as a seaman on board the ship, until the 22d February, 1810, when the ship was lying in the harbour of Cadis.…
1Per curiam
The question arising on this case is, whether the plaintiff below was not compelled to leave the ship, and actually *139forced out of the service by cruel treatment, and the danger of impressment, through the agency of the master. The court below must have drawn that conclusion. The seaman was, in the first place, and without any justifiable cause, cruelly beaten and abused by the mate, in the presence, and by the tacit consent, of the master. He was provoked to strike in his defence, and the mate was wounded in the head. With the knowledge, and, it is to be presumed, by arrangement with the…
2Cited by15 opinions
- Emerson v. HowlandU.S. Circuit Court for the District of Massachusetts · 1816
- Luscomb v. PrinceMassachusetts Supreme Judicial Court · 1815
- Nevitt v. ClarkeDistrict Court, S.D. New York · 1846
- Fitzsimmons v. BaxterNew York Court of Common Pleas · 1869
- Henop v. TuckerU.S. Circuit Court for the District of Southern New York · 1872
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