Legal Opinion

Howland v. Conway

District Court, S.D. New York

Decided May 15, 1848Published

This was a libel in personam, by Daniel Howland, one of the crew of the ship Elisha Denniston, against Andrew Conway, master of the vessel, to recover extra wages, by way of damages for being put on short allowance. There were two other suits against the same respondent, brought by B. M. Travers and Henry Ware respectively, also members of the same crew. All three suits arose out of the same facts, and the other two were, by stipulation, made to abide the event of this.

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This was a libel in personam, by Daniel Howland, one of the crew of the ship Elisha Denniston, against Andrew Conway, master of the vessel, to recover extra wages, by way of damages for being put on short allowance. There were two other suits against the same respondent, brought by B. M. Travers and Henry Ware respectively, also members of the same crew. All three suits arose out of the same facts, and the other two were, by stipulation, made to abide the event of this. The facts in proof bearing upon the libellant’s claim are fully stated in the opinion. The principal question discussed,…

1Opinion of the Court

BETTS, District Judge.

This was one of three suits brought by several of the crew of the ship Elisha Denniston against her master, for short allowance of bread on a voyage from New York to New Orleans, Mobile, Liverpool, and back to New York. The gravamen of the action is that the bread was wormy, dusty, and filled with cobwebs, and was not suitable or wholesome for food.

Two of the libellants and four others of the crew, all being colored men, and examined upon deposition, testified strongly to the badness of the bread, and their statements support the allegations of the libel. It is, however,…

2Cases cited27 opinions

  1. Wright v. HicksSupreme Court of Georgia · 1854
  2. Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
  3. Nelson v. IversonSupreme Court of Alabama · 1850
  4. Doe v. ReaganIndiana Supreme Court · 1839
  5. McIntire v. YoungIndiana Supreme Court · 1843

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