Aspinwall v. Bartlet
Massachusetts Supreme Judicial Court
This action was assumpsit against the defendant as owner of the ship Herald, for wages due the plaintiff’s intestate, Tobias Butler, as a mariner in a voyage from London to some port in Spain, and from thence to South America, and back' to London.
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This action was assumpsit against the defendant as owner of the ship Herald, for wages due the plaintiff’s intestate, Tobias Butler, as a mariner in a voyage from London to some port in Spain, and from thence to South America, and back' to London. At the trial, which was had upon the general issue at the last November term in this county, before Parker, J., it was in evidence, that Butler shipped as a mariner in London, on the 21st of December, 1807, and went in the ship to Corunna in Spain, and from thence to Rio de la Plata in South America, where he was turned ashore by one Stevens, who…
1Opinion of the Court
* By the Court.
It is generally true that a mariner has a threefold remedy for the recovery of his wages, the vessel, the owners, and the master. But where, as in the case before us, there was an absolute contract to sell, and possession delivered pursuant to that contract, and a part of the agreement was, that the new employers of the vessel should victual and man her for the voyage, such employer is in place of the owner, and is liable for the wages of the seamen. The former owner cannot be also held,
Judgment on the"verdict.
2Cited by5 opinions
- Everett v. United StatesCourt of Appeals for the Ninth Circuit · 1922
- Everett v. United StatesDistrict Court, W.D. Washington · 1921
- Temple v. TurnerMassachusetts Supreme Judicial Court · 1877
- Bronde v. HavenDistrict Court, E.D. Pennsylvania · 1836
- Giles v. VigoreuxSupreme Judicial Court of Maine · 1853