Brooks v. Dorr
Massachusetts Supreme Judicial Court
This was an action of assumpsit for a seaman’s wages, in which the following facts were agreed in a case stated for the opinion of the Court, viz.: Brooks, about the 12th November, 1799, shipped as mate on board the ship Ariadne, Le Bosquet, master, owned bj Messrs.
Read the full summary
This was an action of assumpsit for a seaman’s wages, in which the following facts were agreed in a case stated for the opinion of the Court, viz.: Brooks, about the 12th November, 1799, shipped as mate on board the ship Ariadne, Le Bosquet, master, owned bj Messrs. Joseph and John Dorr, the original defendants, for a voyage from Boston to Charleston, S. C., thence to London, and thence to her port of discharge in the United States, for the monthly wages of 30 dollars per month. The ship arrived at Charleston in ballast, there took in a cargo on freight for London, and on the 12th of March,…
1Opinion of the Court
Parker, J.,
(after stating the material facts.) Three questions arise in this case, and have all been pressed by the counsel for the defendants.
1st. Is Brooks entitled to receive any wages, or, in other words, did not the capture put an end to the contract between him and the owners ? If not, did he not dissolve it himself by returning to Boston, instead of pursuing the ship and completing the voyage ?
2d. If entitled at all, is he not entitled in proportion to services actually performed — in which case, do not his wages stop at the time of the capture ?
3d. If entitled to recover any thing, is…
2Cases cited2 opinions
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
- The SaratogaU.S. Circuit Court for the District of Massachusetts · 1814
3Cited by15 opinions
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Riley v. JarvisWest Virginia Supreme Court · 1896
- Brown v. LullU.S. Circuit Court for the District of Massachusetts · 1836
- Everett v. United StatesCourt of Appeals for the Ninth Circuit · 1922
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
10 more not listed; retrieve them via the Exa API.