The Italier
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit in admiralty by Constant Janssens and others against the steamship Italier; Vital Delgoffe, claimant. Decree for libelants, and claimant appeals.
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Appeal from the District Court of the United States for the Eastern District of New York. Suit in admiralty by Constant Janssens and others against the steamship Italier; Vital Delgoffe, claimant. Decree for libelants, and claimant appeals. This action was brought by 11 seamen and firemen on the Belgian steamship Italier, to recover wages and damages for waiting time under R. S. §§ 4529 and 4530, as amended by the Seamen’s Act of March 4, 1915 (38 Stat. 1164, 1165, C. 153, §§ 3, 4 [Comp. St. §§ 8320, 8322]). Libelants had shipped on this Belgian vessel at English and Italian ports for a…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] 1. The Italier is a foreign vessel, and libelants shipped elsewhere than in the United States. Therefore, under The Talus, 248 Fed. 670, 160 C. C. A. 570 (affirmed 248 U. S. 185, 39 Sup. Ct. 84, 63 L. Ed. -, December 23, 1918) the court below erred in directing that no credit should be given to the ship in respect of advances made to the libelants beyond the boundaries of the United States.
[2] 2. It seems to be thought (judging- from the tenor of argument in this and similar causes) that the Seamen’s Act of 1915 has abolished the offense of desertion in…
2Cases cited5 opinions
- Sandberg v. McDonaldSupreme Court of the United States · 1918
- The TalusCourt of Appeals for the Fifth Circuit · 1918
- Cloutman v. TunisonU.S. Circuit Court for the District of Massachusetts · 1833
- The NigretiaCourt of Appeals for the Second Circuit · 1918
- The DelagoaDistrict Court, E.D. New York · 1917
3Cited by11 opinions
- Transportes Maritimos Do Estado v. AlmeidoCourt of Appeals for the Second Circuit · 1925
- In re WilliamsCourt of Appeals for the Fourth Circuit · 1943
- The TairoaCourt of Appeals for the Second Circuit · 1924
- United States v. SmithCourt of Appeals for the Fifth Circuit · 1926
- United States ex rel. Vounas v. HughesCourt of Appeals for the Third Circuit · 1940
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