Hoyt v. Wildfire
New York Supreme Court
THIS cause came before the court upon a return to a certiorari, directed to the justices’ court in the city of New-Tork. 4 Wildfire declared against Hoyt, in the court below, in an act^on °f trespass on the case, for the non-payment of wages due to him, as a seaman on board the ship Hampton, (Skillings, master,) of which Hoyt, survivor of Hoyt Es Tom was owner.
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THIS cause came before the court upon a return to a certiorari, directed to the justices’ court in the city of New-Tork. 4 Wildfire declared against Hoyt, in the court below, in an act^on °f trespass on the case, for the non-payment of wages due to him, as a seaman on board the ship Hampton, (Skillings, master,) of which Hoyt, survivor of Hoyt Es Tom was owner. Hoyt pleaded non-assumpsit, and on ... the trial, before the justices, Wildfire produced two seamen as witnesses, who were on board the same ship, and had like demands for wages against Hoyt. They were objected to, as incompetent, on…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The general rule of maritime law is, that if freight be lost, during the course of the voyage, by a disaster or peril, arising from accident, or superior force, the seamen lose their wages ; but if the same be lost by the fraud or other wrongful act of the master, the reason of the nils does not apply. It is just, as Well as agreeable to the maritime law, to distinguish between the cases, in which the services of the seamen have not been rendered, in coll* sequence of the perils of the sea, and in which they have not been rendered, by reason of…
2Cited by22 opinions
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- Williams v. AndersonSupreme Court of Minnesota · 1864
- Hyer's Executors v. Caro'sSupreme Court of Florida · 1882
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