The Samuel Little
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here on appeal from a final decree entered in the District Court of the United States for the Eastern District of New York, on March 9, 1914, awarding priority to wage claims over a supply claim which accrued subsequently. The Samuel Little is a harbor tug employed in and about the harbor of the city of New York.
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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here on appeal from a final decree entered in the District Court of the United States for the Eastern District of New York, on March 9, 1914, awarding priority to wage claims over a supply claim which accrued subsequently. The Samuel Little is a harbor tug employed in and about the harbor of the city of New York. The tug was sold by the United States marshal on February 14, 1918, under a libel for repairs. The sum realized has not been sufficient to pay all filed claims, and It is…
1Opinion of the Court
ROGERS, Circuit Judge.
This appeal raises for the first time in this court the question whether what is known as “the forty-day har-; bor rule” is to be upheld and applied to the wages of men employed on tugs in and about the harbor of New York. The amount involved is small, but the principle involved is one of considerable importance. All the wage claims, with the exception of the claim of John J. McCam*310bridge, are within the 40-day rule. McCambridge was employed on the tug as a deck hand at $30 a month, and his claim amounted to $60, and was for wages due during the months of June and July,…
2Cases cited24 opinions
- The LottawannaSupreme Court of the United States · 1875
- Vandewater v. MillsSupreme Court of the United States · 1857
- The Key CitySupreme Court of the United States · 1872
- Landsdale v. SmithSupreme Court of the United States · 1882
- The FlottbekCourt of Appeals for the Ninth Circuit · 1902
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3Cited by12 opinions
- The St. PaulDistrict Court, S.D. New York · 1921
- The Herbert L. RawdingDistrict Court, E.D. South Carolina · 1944
- Scrofani v. Miami Rare Bird Farm, Inc. The AdmiralCourt of Appeals for the Fifth Circuit · 1953
- Zannaras v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- The Interstate No. 1Court of Appeals for the Second Circuit · 1923
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