Bartlett v. Wyman
New York Supreme Court
IN ERROR, on certiorari7 to the justice’s court of the city OÍ J^CW-YovIc* This was an action oi assumpsit for seaman’s wages.
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IN ERROR, on certiorari7 to the justice’s court of the city OÍ J^CW-YovIc* This was an action oi assumpsit for seaman’s wages. The J ^ ° defendant in error, who was plaintiff in the 'court below, in the montb of November, 1813, shipped in the port of New-York, on board the letter of marque brig Regent, commanded by the plaintiff in error, who was defendant below, and signed shipping articles in common form, for a voyage from iVezo York to Charleston or Savannah, from thence to France, arid back to the United States, at 17 dollars per month. Three witnesses on the part of the plaintiff below…
1Opinion of the CourtSpencer, J.
The court are of the opinion that the judgment of the court below is erroneous, and that the defendant below was not bound by the new articles entered into at Beaufort, for several reasons:
1. As being in contravention of the policy of the act of congress of the 20th of July, 1790 (Vol. 1.134.) This statute requires, un*262port in the United States, to any foreign port,J^fiare he proceeds prentices, or servants, declaring the voyage, and term of time for which the seame.n, or mariner, shall be shipped. In the preintermediate port, to ex: ^ o _ ________ deserting the ship, and to sanction this…
2Cited by15 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Johnson v. DaltonNew York Supreme Court · 1823
- Schuler v. MytonSupreme Court of Kansas · 1892
- James v. CloughMissouri Court of Appeals · 1887
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