Legal Opinion

Ayer v. Brown

Supreme Judicial Court of Maine

Decided March 18, 1885PublishedCited by 2 opinions

On exceptions from superior court. The trustee disclosed. "On the twenty-first day of November, A. D., 1883, I was attorney for Oliver Brown, the principal defendant, in this action to collect by process in admiralty, wages due said Brown as a seaman on board the schooner M. M. Chase, and for that purpose I filed a libel in behalf of said Brown in the United States district court for the district of Maine, and process was duly issued against said schooner, made returnable in…

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On exceptions from superior court. The trustee disclosed. "On the twenty-first day of November, A. D., 1883, I was attorney for Oliver Brown, the principal defendant, in this action to collect by process in admiralty, wages due said Brown as a seaman on board the schooner M. M. Chase, and for that purpose I filed a libel in behalf of said Brown in the United States district court for the district of Maine, and process was duly issued against said schooner, made returnable in said district ■court on the twenty-second day of November, A. D. 1883, at ten o’clock in the forenoon, and said…

1Opinion of the CourtEmery, J.

The trustee claims that a seaman’s wages, though earned in the coasting trade, are not attachable by trustee process, and cites the opinion of Judge Benedict, in McCarty v. Steamer New Bedford, 4 Fed. Rep. The contrary has been expressly held in Massachusetts. Eddy v. O’Hara, 132 Mass. 56; Whitt v. Dunn, 134 Mass. 271.

*197The reasons given by Judge Benedict, however, do not apply hero. In this case the owners had paid the wages to the seaman’s own attorney, who was impliedly authorized by the seaman to receive it. There was no longer any claim against the vessel, nor the owners, nor the master.…

2Cases cited2 opinions

  1. Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
  2. White v. DunnMassachusetts Supreme Judicial Court · 1883

3Cited by2 opinions

  1. Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
  2. Tressler v. LuntSuperior Court of Delaware · 1932

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