Hansen v. Barnard
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by Hans Revne Hansen against William B. Barnard. Decree for libelant, and respondent appeals. The libelant is a master of steam vessels holding an unlimited license. On June 25, 1916, he became master of the steamer Sagamore under a contract of employment with the Mannes Fishing Company, at that time the charterer of the vessel..
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Appeal from the District Court of the United States for the Southern District of New York. Libel by Hans Revne Hansen against William B. Barnard. Decree for libelant, and respondent appeals. The libelant is a master of steam vessels holding an unlimited license. On June 25, 1916, he became master of the steamer Sagamore under a contract of employment with the Mannes Fishing Company, at that time the charterer of the vessel.. The boat left New York under his command on a voyage to Iceland and Norway. The vessel, owing to stress of weather and leakage, put into Bay Bull Harbor, Newfoundland.…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The respondent has appealed from the decree, alleging that the District Court fell into certain errors, the most important of which is that a master is not entitled to recover his wages, if it appears that he has been guilty of fraud in the accounts which he has rendered.
The testimony in the record discloses, and the libelant himself admits, that his accounts were padded. A witness, who on cross-examination was being questioned as to the alleged frauds, said the libelant had admitted the fraud to him saying:
“Yes, it is true that some of the bills that I…
2Cases cited5 opinions
- Little v. PhippsMassachusetts Supreme Judicial Court · 1911
- Shaeffer v. BlairSupreme Court of the United States · 1893
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1918
- Cloutman v. TunisonU.S. Circuit Court for the District of Massachusetts · 1833
- The FlorenceDistrict Court, E.D. New York · 1866
3Cited by7 opinions
- Shipley v. Meadowbrook Club, Inc.Court of Appeals of Maryland · 2001
- Allegheny By-Product Coke Co. v. J. H. Hillman & Sons Co.Supreme Court of Pennsylvania · 1922
- The KalfarliCourt of Appeals for the Second Circuit · 1921
- Evans v. United States Fidelity and Guaranty Co.District of Columbia Court of Appeals · 1956
- Massachusetts Lobstermen's Ass'n, Inc. v. United StatesDistrict Court, D. Massachusetts · 1982
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