Porter v. Andrews
New York Supreme Court
IN ERROR,, from the justice’s court of the city of New-York= Andrews brought an action in the court below, against Porter, master of Hie slaip Elisa Ann, for his services as a seaman, on a voyage from New-York to North Carolina, and from thence to New- York It was proved that the plaintiff below signed artides in the usual form, for a voyage on board of that ship, “ from New-York to North Carolina, and from thence to one or more ports in Europe, and back to her port of…
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IN ERROR,, from the justice’s court of the city of New-York= Andrews brought an action in the court below, against Porter, master of Hie slaip Elisa Ann, for his services as a seaman, on a voyage from New-York to North Carolina, and from thence to New- York It was proved that the plaintiff below signed artides in the usual form, for a voyage on board of that ship, “ from New-York to North Carolina, and from thence to one or more ports in Europe, and back to her port of discharge in the United States ™ The plaintiff shipped the 18th August, 1811, at 17 dollars per month. The ship proceeded on…
1Per curiam
There was contradictory evidence as to the seaworthiness of the ship, after the owners had repaired her, and the court below concluded that she was not seaworthy, and allowed the seamen their ratable wages. It does not appear, but that the ship was seaworthy when she sailed from New-York; and as she lay several months in North Carolina, and no leakage appeared, *352on the voyage there, the presumption is that the injury by worms arose while she lay in the river at North Carolina. The question, then, is, whether wages are recoverable in this case, when no freight was earned; and when, in the…
2Cited by4 opinions
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