Nevitt v. Clarke
District Court, S.D. New York
This action, was commenced in personam against the respondents [William Clarke and others], as late owners of the bark Mescino, and seeks the recovery of eight hundred and eighty-five dollars, with interest thereon.
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This action, was commenced in personam against the respondents [William Clarke and others], as late owners of the bark Mescino, and seeks the recovery of eight hundred and eighty-five dollars, with interest thereon. Six hundred dollars are claimed as wages due the libellant [John Nevitt] for his services as seaman on board the vessel; the further sum of one hundred and ninety-seven dollars for board in the city of New-York, during the continuance of a sickness contracted on board the vessel on her voyage, and seventy-five dollars for his clothes, &c„ alleged by him to have been kept by the…
1Opinion of the Court
BETTS, District Judge.
The first point to be considered is the period for which the libellant, under the facts, is entitled to wages. He claims their continuance to the commencement of this suit, because the vessel had not then returned to the United States, and completed the voyage for which he agreed. The respondents insist that the contract was terminated by the libellant’s leaving the vessel in Valparaiso, as he never afterwards sought to rejoin her; or with her sale at Valparaiso, in July, 1840, or at the furthest, on his arrival at this port, October 31, 1840.
The contract of hiring being…
2Cases cited3 opinions
- Hoyt v. WildfireNew York Supreme Court · 1808
- Ward v. AmesNew York Supreme Court · 1812
- Sullivan v. MorganNew York Supreme Court · 1814
3Cited by4 opinions
- Veronica Cox, Administratrix of the Estate of William D. Cox, in No. 74-1609 v. Dravo Corporation, in No. 74-1576Court of Appeals for the Third Circuit · 1975
- Costa Crociere, S.P.A. v. RoseDistrict Court, S.D. Florida · 1996
- Norfolk Dredging Co. v. WileyDistrict Court, E.D. Virginia · 2006
- Veronica Cox, Administratrix of the Estate of William D. Cox, in No. 74-1609 v. Dravo Corporation, in No. 74-1576Court of Appeals for the Third Circuit · 1975