Simpson v. Caulkins
District Court, S.D. New York
This was a libel in personam, by Thomas Simpson against Daniel Caulkins, master of the ship Sabrina, to recover damages for breach of a shipping contract. Twelve other causes were instituted on the same facts and for the same cause of action, by Simpson’s fellow sailors in the voyage on the Sabrina, and were consolidated with the present. The cause now came before the court on appeals taken by both parties, from the taxation of costs by the clerk.
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This was a libel in personam, by Thomas Simpson against Daniel Caulkins, master of the ship Sabrina, to recover damages for breach of a shipping contract. Twelve other causes were instituted on the same facts and for the same cause of action, by Simpson’s fellow sailors in the voyage on the Sabrina, and were consolidated with the present. The cause now came before the court on appeals taken by both parties, from the taxation of costs by the clerk. The facts on which the appeal was based are sufficiently stated in the opinion.
1Opinion of the Court
BETTS, District Judge.
On January 15, 1848, the libel of Thomas Simps on in this case, was sworn to by the libellant. It was filed on the 17th, and the warrant of arrest was issued thereon the 18th, and served during January. Peter Williams filed his libel on the 18th of January, and the process was issued the same day. Eleven others of the same crew attested to libels on the 17th, and the same were filed the 19th of January.
These libellants were all members of the crew of the ship Sabrina, of which the respondent was master. They all shipped at this port, sailed out together, made the same…
2Cases cited5 opinions
- Seymour v. BillingsNew York Supreme Court · 1835
- Bull v. KetchumNew York Supreme Court · 1846
- Nichols v. HayesSupreme Court of Connecticut · 1839
- Maybury & Clark v. EvansNew York Supreme Court · 1839
- Davis v. NewcombCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- American Box Mach. Co. v. CrosmanU.S. Circuit Court for the District of Massachusetts · 1893