Sullivan v. Morgan
New York Supreme Court
IN ERROR, on certiorari, from the justices’ court of the city of New-York. Morgan brought an action in the court below against Sullivan and four others, as owners of the schooner Ga-' ronne, for his wages as a seaman and carpenter on board of that vessel, on a voyage from Nciv-York to Charleston, and thence to France, and back to New-York. The plaintiff shipped on board the. Garonne, the 8th of January, 1813, for 35 dollars per month.
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IN ERROR, on certiorari, from the justices’ court of the city of New-York. Morgan brought an action in the court below against Sullivan and four others, as owners of the schooner Ga-' ronne, for his wages as a seaman and carpenter on board of that vessel, on a voyage from Nciv-York to Charleston, and thence to France, and back to New-York. The plaintiff shipped on board the. Garonne, the 8th of January, 1813, for 35 dollars per month. The schooner proceeded to Charleston, where she took on board a cargo of cotton, and sailed for France. During the voyage she met with a gale of wind, in which…
1Opinion of the Court
Fer Curiam.
The court below inferred, from the testimony, that the voyage was not broken up at Fayal from necessity, or by reason of the perils of the sea; and that the seamen were, .consequently, entitled to wages for the services they had rendered, though the vessel had not earned freight on the voyage to which the contract applied. We think there was colour for the inference sufficient to warrant the opinion of the court below, and the seamen were, therefore, entitled to their wages to the time of their discharge. It is a settled rule of maritime law, founded in manifest justice, that if…
2Cited by4 opinions
- Emerson v. HowlandU.S. Circuit Court for the District of Massachusetts · 1816
- Luscomb v. PrinceMassachusetts Supreme Judicial Court · 1815
- Nevitt v. ClarkeDistrict Court, S.D. New York · 1846
- Henop v. TuckerU.S. Circuit Court for the District of Southern New York · 1872