Wentworth v. Whittemore
Massachusetts Supreme Judicial Court
The defendant Whittemore was a sailor ; and at the time of the service of the writ on the supposed trustee, was in his service, as a sailor, upon a voyage on board a vessel which had not then arrived at any port of unlading.
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The defendant Whittemore was a sailor ; and at the time of the service of the writ on the supposed trustee, was in his service, as a sailor, upon a voyage on board a vessel which had not then arrived at any port of unlading. And the question was, whether, under the statute of foreign attachment, (stat. 1794, c. 65, § 1,) here was such a demand or debt existing, as could be attached and holden by this process, for the benefit of the plaintiff, who was a creditor of the sailor. For the trustee, it was said that, in this case, there was no debt; that although the statute extended to those cases…
1Opinion of the Court
[Sewall, J.
Suppose the sailor had died on the day the process was served, would not his whole wages up to that time have been due?]—Counsel. If the vessel had"ifterwards arrived, they would have been due, because the contingency would then have happened, but otherwise, there would have * been noth- [ * 472 ] ing due. Could this demand, at the time of the service of the process, have been proved as a debt under a commission of bankruptcy ? It is believed that it could not; because at that time, it was contingent—wholly uncertain whether any thing would be*352come due ; if so, then the present…
2Cited by14 opinions
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- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- People v. ArguelloCalifornia Supreme Court · 1869
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