Boston v. Ocean Steamship Co.
Massachusetts Supreme Judicial Court
Contract for $32, on an account annexed, with two items, the first being for one month’s wages, $15, and the second for steamship fare from Savannah, Georgia, to Boston, Massachusetts, $17. Later the plaintiff added by amendment two special counts, one alleging his discharge by the defendant without cause and a refusal to pay him a month’s wages of $15, and the other alleging a failure of the defendant, after unlawfully discharging the plaintiff, to return him to Boston, his…
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Contract for $32, on an account annexed, with two items, the first being for one month’s wages, $15, and the second for steamship fare from Savannah, Georgia, to Boston, Massachusetts, $17. Later the plaintiff added by amendment two special counts, one alleging his discharge by the defendant without cause and a refusal to pay him a month’s wages of $15, and the other alleging a failure of the defendant, after unlawfully discharging the plaintiff, to return him to Boston, his port of shipment, and the plaintiff’s consequent expenditure of $17 for travelling expenses in returning to the port of…
1Opinion of the CourtBraley, J.
The defendant’s requests for rulings were properly refused. By the shipping articles the plaintiff engaged to perform the voyage from port to port and return, and his wages were not payable until the expiration of his term of service, unless he was wrongfully discharged before the completion of the agreement. Taber v. Nye, 12 Pick. 105. The William Jarvis, 1 Sprague, 485. O’Neil v. Armstrong, [1895] 2 Q. B. 70. But while he served as “ mess boy ” on the outward passage, he returned on the vessel as a passenger, and under either count of the declaration his right of recovery rests upon the…
2Cases cited9 opinions
- Calvin v. HuntleyMassachusetts Supreme Judicial Court · 1901
- Hoyt v. WildfireNew York Supreme Court · 1808
- Rosenberg v. DoeMassachusetts Supreme Judicial Court · 1888
- Baxter v. DoeMassachusetts Supreme Judicial Court · 1886
- Tompkins v. HillMassachusetts Supreme Judicial Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Young v. Canada, Atlantic & Plant Steamship Co.Massachusetts Supreme Judicial Court · 1912
- Keep v. WhiteAppellate Division of the Supreme Court of the State of New York · 1921