Willendson v. Forsoket
District Court, D. Pennsylvania
The claimant, a foreign seaman, and one of the crew of a Danish ship, belonging to Altona, cited the master on a claim for wages. Although bound by the articles to return to Altona, the seaman alleged a discharge at Philadelphia. The captain denied the discharge, and charged the mariner with desertion, for more than twenty-four hours, which, by the Danish laws, forfeited wages.
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The claimant, a foreign seaman, and one of the crew of a Danish ship, belonging to Altona, cited the master on a claim for wages. Although bound by the articles to return to Altona, the seaman alleged a discharge at Philadelphia. The captain denied the discharge, and charged the mariner with desertion, for more than twenty-four hours, which, by the Danish laws, forfeited wages. He had refused to admit the seaman into the ship, and the sailor staid on shore at lodgings for a considerable time: there were faults on both sides; but the master now offered to take him again on board, on his…
1Opinion of the Court
BY THE COURT.
It has been my general rule not to take cognizance of disputes between the masters and crews of foreign ships. I have commonly referred them to their own courts. In some very peculiar cases, I have afforded the seamen assistance, to protect them against oppression and injustice; and in cases where the voyage was broken up, or ended here. I have compelled the payment of wages. Masters too have always been assisted in recovering deserters, and reducing to obedience perverse and rebellious mariners; these must be restored only to the ship from which they abscond. Under pretext of…
2Cited by11 opinions
- Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
- Alcoa Steamship Co. v. M/V Nordic RegentCourt of Appeals for the Second Circuit · 1978
- Alcoa Steamship Company, Inc. v. M/V Nordic RegentCourt of Appeals for the Second Circuit · 1980
- Kelly v. The TopsyDistrict Court, D. South Carolina · 1890
- Bolden v. JensenDistrict Court, D. Washington · 1895
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