Worth v. Mumford
New York Court of Common Pleas
These actions were brought in tbe Marine Court to recover tbe wages of tbe plaintiffs as seamen on board tbe sbip Palestine, on a voyage from San Francisco, bound for a port in tbe Atlantic states. Tbe defendants denied tbe indebtedness and alleged payment, desertion, breach of contract on tbe part of tbe plaintiffs. Mid that tbe vessel earned no freight.
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These actions were brought in tbe Marine Court to recover tbe wages of tbe plaintiffs as seamen on board tbe sbip Palestine, on a voyage from San Francisco, bound for a port in tbe Atlantic states. Tbe defendants denied tbe indebtedness and alleged payment, desertion, breach of contract on tbe part of tbe plaintiffs. Mid that tbe vessel earned no freight. In tbe suit of Beals it was set up as an additional defence that tbe vessel was condemned and sold in a foreign port and proceeds distributed, he receiving bis proportion of the proceeds in settlement and satisfaction of bis demand. Tbe…
1Opinion of the Court
Daly, J. —
Upon the facts shown, the first question that arises is, whether the plaintiffs can claim wages up to the time when the voyage was put an end to by the condemnation and sale of the vessel at Pernambuco. It is insisted, on the part of the defendants, that, as the voyage was not completed, but was interrupted, and its further prosecution rendered impossible from no act of theirs or of their agents, but from inevitable casualty, no freight was earned by the vessel, and that that puts an end to all claim on the part of the seamen for wages. The impairing of the ship, and the further…
2Cases cited9 opinions
- Percival v. HickeyNew York Supreme Court · 1820
- Dunnett v. TomhagenNew York Supreme Court · 1808
- Coffin v. JenkinsU.S. Circuit Court for the District of Massachusetts · 1844
- Ogden v. General Mutual InsuranceThe Superior Court of New York City · 1853
- Porter v. AndrewsNew York Supreme Court · 1812
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3Cited by2 opinions
- Sumner v. WalkerDistrict Court, S.D. New York · 1887
- The MassasoitDistrict Court, D. Massachusetts · 1844