Legal Opinion

The Pawashick

District Court, D. Massachusetts

Decided September 15, 1872PublishedCited by 9 opinions

Libel in rem, by Charles Finch, late master of the British bark Pawasliiek, of Summer-side, Prince Edward’s Island, for wages. The libellant and the claimant both lived at- Sum-merside. The contract between the parties was as follows: “Captain Charles Finch agrees to take charge of bark Pawasbick, for the sum of nine pounds sterling per month, from this date, and Robert T. Holman, the owner, agrees to pay that sum.

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Libel in rem, by Charles Finch, late master of the British bark Pawasliiek, of Summer-side, Prince Edward’s Island, for wages. The libellant and the claimant both lived at- Sum-merside. The contract between the parties was as follows: “Captain Charles Finch agrees to take charge of bark Pawasbick, for the sum of nine pounds sterling per month, from this date, and Robert T. Holman, the owner, agrees to pay that sum. Summerside, P. E. I., Sept. 6, 1870.” The vessel made several voyages under the libellant’s command, and arrived at Liverpool in December, 1871, needing repairs, which detained her…

1Opinion of the Court

LOWELL, District Judge.

In the admiralty, as in other courts, foreign law must be pleaded and proved, as a fact. Talbot v. Seeman, 1 Cranch [5 U. S.] 1; The Prince George, 4 Moore, P. C. 21; The Peerless, Lush. 40; Le Louis, 2 Dod. 241. The various modes in which such proof shall or may be made have been much discussed, especially in the United States, which are judicially treated as foreign to each other. The following text-books contain a reference to the decisions on this subject, some of which I shall have occasion to cite hereafter. Story. Gonfl. Law, § 641; Whart. Confl. Laws, § 771;…

2Cited by9 opinions

  1. Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
  2. The BelgenlandSupreme Court of the United States · 1885
  3. The Bound BrookDistrict Court, D. Massachusetts · 1906
  4. Bolden v. JensenDistrict Court, D. Washington · 1895
  5. Lane v. SargentCourt of Appeals for the First Circuit · 1914

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