Wilson v. Borstel
Supreme Judicial Court of Maine
On exceptions. Assumpsit on an account annexed for wages as seaman, together with two months’ extra pay for discharge in Liverpool.
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On exceptions. Assumpsit on an account annexed for wages as seaman, together with two months’ extra pay for discharge in Liverpool. The opinion states the material facts. cited *. Emerson v. Howland,, 1 Mason, 45; The Saratoga, 2 Gallison, 181; Ogden v. Orr, 12 Johns. 143; Abbott, Shipping, 620; Orne v. Townsend, 4 Mason, 549; The Juniata, Gilpin, 193; The Dawn, 1 Ware, 499. The only item contested in the account annexed to the plaintiff’s writ is that for "two thirds of three months’ wages extra by reason of discharge in Liverpool, eighty dollars.” This cannot be recovered in this action. To…
1Opinion of the CourtPeters, J.
The United States statutes provide, that, whenever a ship or vessel, belonging to a citizen of the United States, shall be sold in a foreign country, and her company discharged, or when a seaman or mariner, a citizen of the United States, shall with his own consent be discharged in a foreign country, it shall be the duty of the master or commander to produce to the consul the list of the ship’s company, and to pay to such consul, for every seaman so discharged, three months’ pay over and above the wages that may then be due to such mariner or seaman, two-thirds thereof to be paid by such…
2Cases cited3 opinions
- Emerson v. HowlandU.S. Circuit Court for the District of Massachusetts · 1816
- Ogden v. OrrNew York Supreme Court · 1815
- Hoffman v. YarringtonDistrict Court, D. Massachusetts · 1867