Behncke v. King
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Philadelphia County, where judgment was rendered in favour of Charles King, the plaintiff below* against the plaintiff in error, John C. Behncke, on an appeal from the judgment of JusticeRenshaw.
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IN ERROR. Error to the Court of Common Pleas of Philadelphia County, where judgment was rendered in favour of Charles King, the plaintiff below* against the plaintiff in error, John C. Behncke, on an appeal from the judgment of JusticeRenshaw. It was an action brought by the plaintiff below, Charles King, master of the ship Recovery, against Behncke, as surety for a certain Daniel Knowl-ton, a seaman, who signed shipping articles, by which he bound himself to serve as a mariner on board the Recovery, on a voyage from the port of Philadelphia to Madeira. Knowlton rendered himself on board…
1Opinion of the Court
The opinion of the court was delivered by
Til&hman, C. J.
(after stating the facts). The question is, whether, on these facts, the plaintiff be entitled to recover of the defendant, a sum equal to that which was paid by advance, to the said Knowlton, at the time of signing the contract, over and besides the sum so advanced.- This depends on the act of congress j “for the government and regulation of seamen in the merchants’ service,” passed the 20th July, 1'/90.
The first section of the act, directs, “that the' master shall, before he proceeds on the voyage, make an agreement in writing, or…
2Cases cited1 opinion
- Cotel v. HilliardMassachusetts Supreme Judicial Court · 1808