Brown v. Lull
U.S. Circuit Court for the District of Massachusetts
Appeal from the district court of the United States for the district of Massachusetts. In admiralty. This was the case of a libel In personam for seaman’s wages, brought l>y Rebecca Lull, administratrix of Jonathan Lull, deceased, against Charles Brown and others (the respondents and appellants.) as ■executors of the last will and testament of Israel Thorndike.
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Appeal from the district court of the United States for the district of Massachusetts. In admiralty. This was the case of a libel In personam for seaman’s wages, brought l>y Rebecca Lull, administratrix of Jonathan Lull, deceased, against Charles Brown and others (the respondents and appellants.) as ■executors of the last will and testament of Israel Thorndike. The district court made ■a decree [case unreported] in favor of the libellants, for the sum of $189, being the wages due to Lull from the time of his shipment in the brig Two Betseys (of which Mr. Thorndike was owner) to the time of…
1Opinion of the Court
STORY, Circuit Justice.
Some principles, applicable to the present case, are now so clear, that they need only be stated, although at a former time they were subject to many learned doubts. The capture of a neutral ship does not of itself operate as a dissolution of the contract for mariners’ wages, but at most, only as a suspension of the contract. If the ship is restored, and performs her voyage, the contract is revived, and the mariner becomes entitled to his wages; that is, to his full wages for the whole voyage, if he has remained on board and done his duty, or if, being taken out, he has…
2Cases cited3 opinions
- Brooks v. DorrMassachusetts Supreme Judicial Court · 1806
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
- Relf v. The MariaDistrict Court, D. Pennsylvania · 1805
3Cited by24 opinions
- Dutra Group v. BattertonSupreme Court of the United States · 2019
- Kane v. Union of Soviet Socialist RepublicsCourt of Appeals for the Third Circuit · 1951
- Fred I. Putnam and James A. Overman v. Harry C. Lower, John Kadlec, George S. Herning, Edgar L. Peecher, William E. Barquist and Norman L. BunkerCourt of Appeals for the Ninth Circuit · 1956
- Douglass v. Nippon Yusen KabushikiCourt of Appeals for the Fifth Circuit · 2022
- Williams v. The SiriusDistrict Court, N.D. California · 1895
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