The Superior
District Court, N.D. New York
In Admiralty. On the fourteenth day of June, 1884, the libelant shipped on the respondent’s barge as cook for a voyage from Buffalo to Bay City and return, “if not sooner discharged.” The libelant testified that the words quoted were inserted in the shipping articles without her knowledge or consent. The vessel reached Bay City on the twenty-first of June.
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In Admiralty. On the fourteenth day of June, 1884, the libelant shipped on the respondent’s barge as cook for a voyage from Buffalo to Bay City and return, “if not sooner discharged.” The libelant testified that the words quoted were inserted in the shipping articles without her knowledge or consent. The vessel reached Bay City on the twenty-first of June. During the voyage the libelant used indecent language to the master on several occasions, and once refused to obey him as to the time when she should do the washing for the crew. On arriving at Bay1 City he discharged her, but she refused…
1Opinion of the CourtCoxe, J.
That $3.50 was due to the libelant at the time of her discharge can hardly be disputed. This sum has not been paid, and, although a tender of the amount was made, it was coupled with conditions which she was not required to accept. The offer made at Bay City was not renewed in the answer or upon the hearing. Being a conditional tender, it was, even in the admiralty, insufficient. Boulton v. Moore, 14 Fed. Rep. 922; The Cornelia Amsden, 5 Ben. 315. It would seem, therefore, that in no event could there be a decree dismissing the libel. But, irrespective of these considerations, I think the…
2Cases cited1 opinion
- The Cornelia AmsdenDistrict Court, N.D. New York · 1871
3Cited by4 opinions
- The Herbert L. RawdingDistrict Court, E.D. South Carolina · 1944
- Trent v. Gulf Pacific LinesDistrict Court, S.D. Texas · 1930
- The IdlehourDistrict Court, N.D. New York · 1894
- Hansen v. Oil Transfer Corp.City of New York Municipal Court · 1949