The Crusader
District Court, D. Maine
This .was a suit for subtraction of wages by Charles Sweetsir, mate of the schooner Crusader. The libel alleges that he shipped as mate, at Portland, on the 15th of Decemer, 1S3G, at the rate of twenty-five dollars per month wages, for a coasting voyage from Portland to Eastport, thence to New York, and thence to several ports in the southern' states, enumerated in the libel, and thence to Boston, where he was discharged on the ■7th of July, 1S37, when there was due to him a…
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This .was a suit for subtraction of wages by Charles Sweetsir, mate of the schooner Crusader. The libel alleges that he shipped as mate, at Portland, on the 15th of Decemer, 1S3G, at the rate of twenty-five dollars per month wages, for a coasting voyage from Portland to Eastport, thence to New York, and thence to several ports in the southern' states, enumerated in the libel, and thence to Boston, where he was discharged on the ■7th of July, 1S37, when there was due to him a balance of wages amounting to $141.-39, which was unpaid. The master in his answer admits that Sweetsir shipped as mate…
1Opinion of the Court
WARE, District Judge.
A preliminary •question is raised by the pleadings in this •case, and has been insisted upon at the argument, which goes to the jurisdiction of the court. It is admitted that Sweetsir, the libel-lant, was engaged and went in the vessel as mate, but it is contended that the contract which intervened between the parties was not a contract of hiring, but a contract of partnership, by which he and the master were to be equally interested in the profits and losses of the adventure. The agreement set forth in the answer was that Sweetsir •should perform the duties of mate, and…
2Cases cited1 opinion
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
3Cited by4 opinions
- United States v. LaflinCourt of Appeals for the Ninth Circuit · 1928
- Cummings v. Miller TimeDistrict Court, D. Puerto Rico · 1988
- Marsland v. The YosemiteDistrict Court, S.D. New York · 1883
- Lesslie v. Inter-Island Steam Navigation Co.District Court, D. Hawaii · 1904