Spurr v. Pearson
U.S. Circuit Court for the District of Massachusetts
This was an allegation for mariners’ wages [by Elijah Spurr and others against Charles Pearson]. The libellants in February, 1816, shipped for a voyage in the ship Augustá, • commanded by the respondent, from New Orleans to Havre de Grace, and from thence to Boston; and afterwards served on board the ship during the voyage.
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This was an allegation for mariners’ wages [by Elijah Spurr and others against Charles Pearson]. The libellants in February, 1816, shipped for a voyage in the ship Augustá, • commanded by the respondent, from New Orleans to Havre de Grace, and from thence to Boston; and afterwards served on board the ship during the voyage. There was no dispute as to the sum due for wages; but the. defence turned altogether upon the right of the master to retain their wages by way of contribution for an embezzlement, alleged to have been made by the crew during the voyage. It appeared in evidence that one…
1Opinion of the Court
STORY, Circuit Justice.
An exception has been taken to the competency of some of the crew, who have been sworn as witnesses, upon the general ground, that it is against the policy of the law to allow mariners engaged in1 the same voyage to be witnesses for each other. And some of the authorities cited do - certainly go to the length of asserting, that in suits, where the mariners have a common interest in the point in contest, they cannot be permitted to testify for each other. This is assuming a rule different from the common law, which does not reject the testimony in like cases, unless -the…
2Cases cited2 opinions
- Hoyt v. WildfireNew York Supreme Court · 1808
- Lewis v. DavisNew York Supreme Court · 1808
3Cited by1 opinion
- United States v. StoneUnited States Circuit Court · 1881