The Dubuque
District Court, E.D. Michigan
This was a libel in rem for wages of libelant as pilot and sailing-master of the propeller Dubuque, from April 5 to December 5, 1SG5, at one hundred and twenty-five dollars per month. The libelant claimed a balance due and unpaid of seven hundred and forty-nine dollars and fifty-three cents.
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This was a libel in rem for wages of libelant as pilot and sailing-master of the propeller Dubuque, from April 5 to December 5, 1SG5, at one hundred and twenty-five dollars per month. The libelant claimed a balance due and unpaid of seven hundred and forty-nine dollars and fifty-three cents. The libel was filed and the vessel seized, February 13,1869. The answer of the Second National Bank, claimant, intervening for its interests in the proceeds of the vessel, as mortgagee, denied knowledge, &c., of the alleged services of libelant, and denied that there was any thing due him, or that any…
1Opinion of the Court
LONGYEAR, District Judge.
The allegations of the libel as to the fact and period of service of libelant, and as to the rate of wages, are fully sustained by the proofs, and are not contested. The questions which are contested, and upon which the decision of the case must turn, will be taken up and disposed of in the order in which they are raised by the answer.
The first question presented is that raised by the allegation in the answer, that libelant was in fact master of the propeller, and, therefore, could have no lien for his wages. The libel alleges that one George Moir was master, and the…
2Cases cited1 opinion
- Draper v. . the Commercial Insurance CompanyNew York Court of Appeals · 1860
3Cited by3 opinions
- Everett v. United StatesCourt of Appeals for the Ninth Circuit · 1922
- Everett v. United StatesDistrict Court, W.D. Washington · 1921
- Collins v. The CarmenDistrict Court, D. Alaska · 1921