Murray v. Kellogg
New York Supreme Court
IN ERROR, on certiorari, from the justices’ court of the city and county of New-York. Kelloggs the defendant m error, b,rouget an action oí assumpsit against Murray, Lyman 8r Ogden, the plaintiffs in error, in the court below, for wages due to him as a seaman on board the ship Rolla, owned by the plaintiffs in error, on a voyage from New York to Archangel, in Russia. The plaintiff below also decíared for a breach of the shipping articles.
Read the full summary
IN ERROR, on certiorari, from the justices’ court of the city and county of New-York. Kelloggs the defendant m error, b,rouget an action oí assumpsit against Murray, Lyman 8r Ogden, the plaintiffs in error, in the court below, for wages due to him as a seaman on board the ship Rolla, owned by the plaintiffs in error, on a voyage from New York to Archangel, in Russia. The plaintiff below also decíared for a breach of the shipping articles. On the trial of the cause, the shipping articles not being produeed, pursuant to a notice given to the defendants for that purpose, parol evidence was given…
1Per curiam
The wages of the outward voyage were due at Messina, because freight was earned by the delivery of the outward cargo. The return states that the whole of the outward cargo was disposed of, “ excepting about 20 hogsheads of tobacco, and some sugar.”
*229The only question in this case is, whether the recovery was not for too much, as wages were allowed up to the time of the capture~ The ship lay seven months at Messina. What was the cause of this enormous delay does not appear. It is chargeable to the act of the captain, for he was absent nearly the whole of that time, and the seamen were not to…
2Cited by3 opinions
- Hooper v. PerleyMassachusetts Supreme Judicial Court · 1814
- Henop v. TuckerU.S. Circuit Court for the District of Southern New York · 1872
- Joy v. AllenU.S. Circuit Court for the District of Massachusetts · 1846