Galloway v. Morris
Supreme Court of Pennsylvania
This was a suit brought by a mate against his former owners. The declaration stated four counts. 1. That the defendants agreed to receive the plaintiff on board their ship Ariel, as chief mate in her voyage from Philadelphia to Canton, and back again, at the rate of $40 per month; to allow him 3 tons privilege, and in defect of this privilege, -to pay him $ 500 by their supercargo ; to permit him to invest $3000, and have a state room.
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This was a suit brought by a mate against his former owners. The declaration stated four counts. 1. That the defendants agreed to receive the plaintiff on board their ship Ariel, as chief mate in her voyage from Philadelphia to Canton, and back again, at the rate of $40 per month; to allow him 3 tons privilege, and in defect of this privilege, -to pay him $ 500 by their supercargo ; to permit him to invest $3000, and have a state room. The 2d count laid the special assumpsit with some variation. 3d count for mate’s wages; and the 4th, a general count for money had and received. The written…
1Opinion of the CourtShippen, C. J.
delivered the court’s charge, after stating minutely the evidence.
There can be no question but that an inferior officer may be guilty of such misconduct as may justify the captain in discharging him in a foreign port. But it ought to be in a clear case, and on good grounds. For the reasons urged by the plaintiff’s counsel, absolute necessity almost is required to justify the measure. Three grounds are all edged here, but of the threats to leave the ship or of mutinous behaviour, we have no proof except from captain Coates. It is very extraordinary that he did not complain of this at the time…
2Cited by3 opinions
- Bronde v. HavenDistrict Court, E.D. Pennsylvania · 1836
- The FortitudeU.S. Circuit Court for the District of Massachusetts · 1838
- Pitman v. HooperU.S. Circuit Court for the District of Massachusetts · 1838