Legal Opinion

In re Ripley

New York Court of Common Pleas

Decided April 5, 1880Published

Appeal from an order of this court upon a petition by ■ an assignee for benefit of creditors, determining that wages of officers and seamen of a steamship were not entitled to preference in payment over other claims against the assigned estate.

1Opinion of the Court

Charles P. Daly, Chief Justice.

In the facts agreed upon, it is stated that the vessel was injured to such an extent, that the owners had a right, under the policy, to abandon her to the underwriters, as constructively a total loss; and the case below appears, from the opinion of Judge Yah Hoeseh, to have been decided upon the assumption that she was so abandoned, but that that would give the seamen no claim upon the insurance effected by the owners on the ship. If a ship is lost, the seamen lose their wages, with the loss of the vessel; but if, as in this case, the vessel is brought into…

2Cases cited4 opinions

  1. The SirenSupreme Court of the United States · 1869
  2. Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
  3. The MonticelloDistrict Court, D. Massachusetts · 1867
  4. Fitz v. The AmelieU.S. Circuit Court for the District of Massachusetts · 1865

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