Ardrey v. Karthaus
U.S. Circuit Court for the District of Maryland
In admiralty. Circuit court, April term, 1836. Appeal from the district court, in admiralty. This was an appeal from the decree of the district court, upon a libel filed by Ar-drey for wages, against Karthaus, the respondent.
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In admiralty. Circuit court, April term, 1836. Appeal from the district court, in admiralty. This was an appeal from the decree of the district court, upon a libel filed by Ar-drey for wages, against Karthaus, the respondent. Ardrey shipped as a mate on board the schooner Baltimore, owned by Karthaus, who loaded her on his own account, and she sailed from Baltimore for Bordeaux, during the last war with Great Britain; being driven out of her course by the pursuit of enemies, she was finally captured by a British cruiser, on the voyage from San Andres, in Spain, within a mile of the shore, and…
1Opinion of the Court
TANEY, Circuit Justice.
The main point in this case appears to be a new one, and we are not aware of any case in which it has been directly decided; we must form our judgment, therefore, upon those principles which have been settled in analogous cases. The general rule is, that freight is the mother of wages, and where freight is earned, or damages recovered in lieu of it, the seamen are entitled to wages. It has frequently happened that, after the capture of a neutral vessel, and condemnation and sale, the sentence has been reversed in the appellate court, and restoration ordered, and in such…
2Cases cited1 opinion
- Frothingham v. PrinceMassachusetts Supreme Judicial Court · 1801