Legal Opinion

Pitman v. Hooper

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1838Published

The parties in this case diff not agree, as to the extent of the decree pronounced at a former term. See [Case No. 11,185]. The libellant [John Pitman] understood it to have been the intention of the court, to decree payment of the whole amount of wages from half the time the vessel remained in Russia, to the time of the arrival of the seamen in the United States.

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The parties in this case diff not agree, as to the extent of the decree pronounced at a former term. See [Case No. 11,185]. The libellant [John Pitman] understood it to have been the intention of the court, to decree payment of the whole amount of wages from half the time the vessel remained in Russia, to the time of the arrival of the seamen in the United States. The counsel for the respondent [Robert Hooper] understood the court to say, that the receipt of the indemnity money did not revive any old claim, which the seaman might have prosecuted on his return home; that, whatever wages he…

1Opinion of the Court

STORY, Circuit Justice.

This case has been again submitted to the court upon an incidental question, which has arisen in adjusting the claim of the libellant, upon the principles already decided by the court. The question is. whether the whole wages are to be calculated from half the time after the arrival of the brig at the port of St. Peters-burg, in Russia; or, whether a deduction is to be made therefrom of the wages from the time of the capture up to the time of the first condemnation of the brig by the Danish tribunals. 2 The ground upon which this deduction is asked by the defendant is,…

2Cases cited4 opinions

  1. Locke v. SwanMassachusetts Supreme Judicial Court · 1816
  2. Hooper v. PerleyMassachusetts Supreme Judicial Court · 1814
  3. Galloway v. MorrisSupreme Court of Pennsylvania · 1802
  4. Moore v. JonesMassachusetts Supreme Judicial Court · 1819

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