Fitzsimmons v. Baxter
New York Court of Common Pleas
Appeal by the defendant, Baxter, from a judgment of the general term of the Marine Court, affirming a judgment of that court at trial term. The action was brought against the defendant, Baxter, “ and owners of ship Ann Gray,” for seaman’s wages. The plaintiff shipped on board the “ Ann Gray ” at Genoa, Italy, for a voyage, which had not terminated at the time the action was brought.
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Appeal by the defendant, Baxter, from a judgment of the general term of the Marine Court, affirming a judgment of that court at trial term. The action was brought against the defendant, Baxter, “ and owners of ship Ann Gray,” for seaman’s wages. The plaintiff shipped on board the “ Ann Gray ” at Genoa, Italy, for a voyage, which had not terminated at the time the action was brought. By the shipping articles, the plaintiff agreed £C to be obedient to the lawful commands of the master or of any person who shall lawfully succeed him.” William Griffiths was the master of the vessel under whom the…
1Opinion of the Court
By the Court.
Daly, F. J.
There are two objections to
the joinder of the owners of the ship and the master in an action for seamen’s wages. I. No action upon a contract can be maintained in the Marine Court against the owners of a vessel by that generic title alone. Their names as defendants must appear, that judgment may pass against them. By the lie-vised Statutes, vol. II, p. 347, a defendant, if his name is unknown, may be sued by a fictitious name; but the provision-does not apply to the Marine Court; nor can this court, under the power of amendment given by the code, remedy such a defect…
2Cases cited4 opinions
- Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ward v. AmesNew York Supreme Court · 1812
- Wysham v. RossenNew York Supreme Court · 1814
- United States v. HamiltonU.S. Circuit Court for the District of Massachusetts · 1818
3Cited by1 opinion
- Smith v. OakesMassachusetts Supreme Judicial Court · 1886