The Trial
District Court, S.D. New York
This was a libel in rem for wages, by Green, mate, and Anderson, steward, of the schooner Trial. Green had shipped in March, and Anderson in June. The schooner arrived in New-1'ork on the 6th of August, the libellants were discharged on the 10th, their wages being unpaid, and this libel was filed on the 15th.
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This was a libel in rem for wages, by Green, mate, and Anderson, steward, of the schooner Trial. Green had shipped in March, and Anderson in June. The schooner arrived in New-1'ork on the 6th of August, the libellants were discharged on the 10th, their wages being unpaid, and this libel was filed on the 15th. The claim and answer of Moses Davis and Martin Wood alleged, that on the 10th of August they became bona fide purchasers of the schooner, from Thomas Mister, master and owner, for '8850, without notice of the libel-lants’ demands, and they produced a bill of sale from him, with covenants…
1Opinion of the Court
BETTS, District Judge.
The objections to the competency of the witnesses upon whose evidence the case rests, will be first considered. In relation to the master, the general position is first taken, that a master cannot be a witness in behalf of seamen in a libel for wages, because he is one of the parties ultimately responsible to the seamen for their wages, and is thus interested to throw upon the vessel or her owners a charge which he might otherwise have to bear himself, and will be enabled to discharge his liability by his own testimony. Oases are referred to, decided by Judge Peters, in…
2Cases cited2 opinions
- Smith v. BirdsallNew York Supreme Court · 1812
- Bryan v. SeelyNew York Supreme Court · 1816