Hoffman v. Yarrington
District Court, D. Massachusetts
Libel by the seamen of the brig Marshall for wages. The voyage was from Boston to the west coast of Africa, and the master [Richard H. Y arring ton] intended to trade np and down the coast until the outward cargo of rum and tobacco should be bartered for palm oil and other products of the country to load the ship for home.
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Libel by the seamen of the brig Marshall for wages. The voyage was from Boston to the west coast of Africa, and the master [Richard H. Y arring ton] intended to trade np and down the coast until the outward cargo of rum and tobacco should be bartered for palm oil and other products of the country to load the ship for home. The brig met with heavy weather on the passage out, and after being on the coast for some months lost an anchor and damaged ’ her windlass, so that the master thought best to go to Lagos, about three hundred miles to the leeward of the place where this misfortune was…
1Opinion of the Court
LOWELL, District Judge.
The cases cited in argument decide that the statute of 1803, § 9, refers to voluntary sales; and that all sales will be treated as voluntary which are made from a mere consideration of the preponderance of advantage to the owners, without an overruling necessity. Judge Ware says that if the ship could be repaired within a reasonable time and at a reasonable expense, the seamen have a right to demand the extra wages, if the master, for reasons of his own, fails to repair; citing the case in Gilpin; and that the burden of proving necessity is on the owners. In Wells v.…
2Cited by4 opinions
- Swift v. The Frank & WillieDistrict Court, S.D. New York · 1891
- Gove v. JudsonDistrict Court, S.D. New York · 1884
- Kelly v. OtisU.S. Circuit Court for the District of Eastern Louisiana · 1885
- Wilson v. BorstelSupreme Judicial Court of Maine · 1882