The Moslem
District Court, S.D. New York
Peter Scott, filed a libel against the ship Moslem, claiming the wages stipulated in his shipping articles; and also extra wages of one dollar per day on a voyage from the Cape of Good Hope to Pernambuco, and thence to New-York. After the action was commenced and the ship attached, John Rooney, Samuel Phillips and Thomas Chan-nan united in this suit as co-libellants, making like demands of contract and extra ■ wages.
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Peter Scott, filed a libel against the ship Moslem, claiming the wages stipulated in his shipping articles; and also extra wages of one dollar per day on a voyage from the Cape of Good Hope to Pernambuco, and thence to New-York. After the action was commenced and the ship attached, John Rooney, Samuel Phillips and Thomas Chan-nan united in this suit as co-libellants, making like demands of contract and extra ■ wages. The pleadings on both sides are crammed with harsh 'and criminatory allegations and extraneous statements, by each party against the other. The substance of the charges and…
1Opinion of the Court
BETTS, District Judge.
It will not be attempted in the examination of the merits of this case, to settle or discuss all the topics brought into the controversy in the multifarious evidence or protracted arguments of the parties. Four or five entire days have been exhausted on the hearing. The testimony upon various points in dispute cannot be reconciled, and the judgment of the court lias not unfrequently been, governed more by the strong probabilities surrounding the case, than the positive assertions of witnesses.
In respect to the condition of the ship when the libellants entered upon the…
2Cases cited1 opinion
- Porter v. AndrewsNew York Supreme Court · 1812
3Cited by3 opinions
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- The Grace DollarCourt of Appeals for the Ninth Circuit · 1908