Hooper v. Perley
Massachusetts Supreme Judicial Court
Assumpsit for a seaman’s wages against the defendant, master of the ship called the Volant. The parties submitted the action to the decision of the Court upon certain facts agreed. One Francis Moreal, an indented apprentice to the plaintiff, with his consent, shipped as a seaman on board the said ship, of which the defendant was master, on the 14th of January, 1812, foi a voyage to Europe and back to the United States, at the monthly wages of twenty-one dollars.
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Assumpsit for a seaman’s wages against the defendant, master of the ship called the Volant. The parties submitted the action to the decision of the Court upon certain facts agreed. One Francis Moreal, an indented apprentice to the plaintiff, with his consent, shipped as a seaman on board the said ship, of which the defendant was master, on the 14th of January, 1812, foi a voyage to Europe and back to the United States, at the monthly wages of twenty-one dollars. The ship sailed from Boston, and on the 28th of March, 1812, arrived at Bayonne, in France, with her cargo, in safety. On the 16th…
1Opinion of the Court
The opinion of the Court was delivered at this term by
Jackson, J.
The general rule as to the wages of seamen, which has been for many years recognized and uniformly adopted in our Courts, is, that if the ship has earned one or more freights, and is afterwards lost before completing the voyage for which the seaman is hired, he is entitled to his wages up to the last port of delivery, and for half the time that the ship lies in that port.
In this case, it has, however, been argued, for the defendant, that this rule is assumed on the presumption that one half of the time is commonly employed at…
2Cases cited2 opinions
- Locke v. SwanMassachusetts Supreme Judicial Court · 1816
- Murray v. KelloggNew York Supreme Court · 1812
3Cited by5 opinions
- People ex rel. Fowler v. WellsCalifornia Supreme Court · 1858
- Bronde v. HavenDistrict Court, E.D. Pennsylvania · 1836
- Wilson v. BragdonMassachusetts Supreme Judicial Court · 1813
- Pitman v. HooperU.S. Circuit Court for the District of Massachusetts · 1838
- Two CatherinesU.S. Circuit Court for the District of Rhode Island · 1821