The Blohm
District Court, S.D. New York
In admiralty. The brig Blohm, a Hamburg vessel, shipped a crew in Hamburg for a voyage to New York and back, at various rates of wages, payable in marks courant. After the vessel had arrived in New York, the second mate left her, and one of the crew, named Struck, was appointed second mate in his place, and another sailor, named Ter-nan, was shipped to supply Struck’s place.
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In admiralty. The brig Blohm, a Hamburg vessel, shipped a crew in Hamburg for a voyage to New York and back, at various rates of wages, payable in marks courant. After the vessel had arrived in New York, the second mate left her, and one of the crew, named Struck, was appointed second mate in his place, and another sailor, named Ter-nan, was shipped to supply Struck’s place. While the vessel lay in New York, the master, as it appeared, agreed to raise the wages ■of the rest of the crew above the rate specified in the articles. After this agreement was made, the vessel was libelled in the…
1Opinion of the Court
BLATGHFORD, District Judge.
The contract of August 14th, 1865, with the supplemental contract of September 11th, 1865, between Vogelgesang, the mate, and Tiede-mann, the master of the vessel, was merely a mortgage of the vessel to Vogelgesang as a ■creditor of Tiedemann, and did not constitute Vogelgesang a part owner of the vessel. He is, therefore, entitled to his wages, as mate, of 84 marks courant per month.
As to Ternan, the man shipped at New York, he was shipped to supply the place of Struck, who was promoted to be second mate, in place of a second mate whom the master had discharged. No…
2Cases cited3 opinions
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- Swanson v. CookeNew York Supreme Court · 1866
- Wilson v. MorganThe Superior Court of New York City · 1866
3Cited by2 opinions
- McNamara v. The AtlanticDistrict Court, D. South Carolina · 1893
- Gove v. JudsonDistrict Court, S.D. New York · 1884