Bucker v. Klorkgeter
District Court, S.D. New York
In admiralty. This was a libel in per-sonam, by Gerhard Bueker against Henry Klorkgeter, master of the bark Pacific, to recover wages as seaman. The libeilant, a foreigner, shipped at Bremen on board the Pacific, for a voyage to New York, elsewhere and back. Articles to that effect were signed by him. The original agreement and an admitted translation of it were put in evidence in the cause.
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In admiralty. This was a libel in per-sonam, by Gerhard Bueker against Henry Klorkgeter, master of the bark Pacific, to recover wages as seaman. The libeilant, a foreigner, shipped at Bremen on board the Pacific, for a voyage to New York, elsewhere and back. Articles to that effect were signed by him. The original agreement and an admitted translation of it were put in evidence in the cause. By the terms of the agreement, the libellant bound himself, under penalty of forfeiture of wages, not to leave the vessel abroad, and not to ask his ■dismissal nor any wages due, of foreign courts; and…
1Opinion of the Court
BETTS, District Judge.
An exception is taken on behalf of the respondent to the jurisdiction of the court in this case, upon two grounds:—
1. Upon the general ground that maritime courts will not entertain suits for wages brought by foreign seamen against foreign masters or owners.
2. Upon the terms of the shipping articles, by which the libellant agreed that if any difference arose between him and the respondent, he would bring no action therefor, except in the courts of Bremen, after the end of the voyage; and that he would appear in the courts of Bremen, and await their sentence, in reference…
2Cases cited6 opinions
- Covert v. The British Brig WexfordDistrict Court, S.D. New York · 1880
- Fry v. CookDistrict Court, E.D. Louisiana · 1876
- The AmaliaDistrict Court, D. Maine · 1880
- The NoddleburnUnited States Circuit Court · 1887
- Boult v. Ship Naval ReserveDistrict Court, D. Maryland · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932