The Argo
District Court, S.D. New York
In admiralty. This was an action brought by Willett Martin, to recover wages for services on board the steamboat Argo, as pilot, from April 17th, 1872, to October 9th, 1872, and from June 21st, 1873, to October 14th, 1873. The libel was filed April 11th, 1874. It alleges the services performed, and the amount due, and that the owners had given him two notes therefor, which were unpaid, and which the libellant offered to surrender.
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In admiralty. This was an action brought by Willett Martin, to recover wages for services on board the steamboat Argo, as pilot, from April 17th, 1872, to October 9th, 1872, and from June 21st, 1873, to October 14th, 1873. The libel was filed April 11th, 1874. It alleges the services performed, and the amount due, and that the owners had given him two notes therefor, which were unpaid, and which the libellant offered to surrender. The claimant, A. H. Harris, set up in answer, that the steamboat was not within the jurisdiction • of the court, when she was attached under the process, and that…
1Opinion of the Court
BLATCHFORD, District Judge.
In this case, I am of opinion that this court acquired jurisdiction over the vessel by the attachment of her at the place where she was attached; that the libellant did not take the two notes in payment, or waive his lien by taking them; and that the defence of staleness cannot be alleged against his claim. The claimant is entitled to have the two notes, and, whenever they are deposited with the clerk of this court, for the use of the claimant, properly endorsed by the libel-lant, if that be necessary to pass the title to them, but without recourse to the libellant,…
2Cited by1 opinion
- Kiernan v. The NormaDistrict Court, S.D. New York · 1887