Brown v. Jones
U.S. Circuit Court for the District of Massachusetts
Appeal from the district court of the United States for the district of Massachusetts. In admiralty. This was an allegation in a case of substraction of wages. It appeared from the evidence, that the libellant, at Boston, on the 15th of November, 1805, shipped as a mariner on board of the ship Eclipse, on a voyage “from the port of Boston to the Pacific, Indian, and Chinese oceans, and elsewhere, on a trading voyage, and from thence back to Boston.”
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Appeal from the district court of the United States for the district of Massachusetts. In admiralty. This was an allegation in a case of substraction of wages. It appeared from the evidence, that the libellant, at Boston, on the 15th of November, 1805, shipped as a mariner on board of the ship Eclipse, on a voyage “from the port of Boston to the Pacific, Indian, and Chinese oceans, and elsewhere, on a trading voyage, and from thence back to Boston.” It was further stipulated in the shipping articles, “that two months’ wages are to be paid to them (the officers and seamen) on their arrival at…
1Opinion of the CourtStory, Circuit Justice
(after reciting the facts). Such are the principal circumstances of the case, upon which several points have been argued at the bar. It has, in the first place, been argued, that the voyage designated in the shipping articles included the second voyage to the northwest coast, and that this construction is fully supported by the usage in this particular trade. I will not stop to consider, how far the usage of trade is legally admissible to extend the language of a written contract, so as to include an intermediate voyage not embraced in its terms; for no such usage is shown iff this case. In…
2Cited by5 opinions
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