Legal Opinion

The Mary

District Court, D. Maine

Decided August 18, 1838PublishedCited by 1 opinion

This was a suit for subtraction of wages. The libel sets forth a contract for a voyage from Portland to Goree in Africa and the Cape de Yerd Islands, and back to her port of discharge in the United States, for wages at the rate of eighteen dollars a month, alleges the faithful performance of the contract. and claims a balance due of $48.08. In another article the libellant claims extra wages in consequence of being put on short allowance of provisions for twenty-two days…

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This was a suit for subtraction of wages. The libel sets forth a contract for a voyage from Portland to Goree in Africa and the Cape de Yerd Islands, and back to her port of discharge in the United States, for wages at the rate of eighteen dollars a month, alleges the faithful performance of the contract. and claims a balance due of $48.08. In another article the libellant claims extra wages in consequence of being put on short allowance of provisions for twenty-two days during the return voyage. The answer of the owner admits the contract, the service, and the balance due, as alleged in the…

1Opinion of the Court

WARE, District Judge.

The first question raised by the pleadings in this case, in the natural order in which they present themselves, is whether the suit is prematurely instituted. The allegation of the answer, on this point, is incorrect in point of form, but if the facts bring the case within the exception it is susceptible of amendment The statute does not prevent the filing of a libel before the expiration of ten days, but the issuing of process against the vessel. Whether this objection is available for the respondent upon the facts as they are proved, depends on the construction of the…

2Cited by1 opinion

  1. Petersen v. J. F. Cunningham Co.District Court, N.D. California · 1896

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