Shulenburg v. Wessels
New York Court of Common Pleas
This action was brought by the plaintiff for services as a seaman on board a Bremen vessel, of which the defendant was master. The vessel sailed to New York, and thence to Buenos Ayres. ' She then returned to this port, and preparations were making to proceed again to South America, when the seaman procured his discharge under a writ of habeas corpus, issued by a judge of one of our courts.
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This action was brought by the plaintiff for services as a seaman on board a Bremen vessel, of which the defendant was master. The vessel sailed to New York, and thence to Buenos Ayres. ' She then returned to this port, and preparations were making to proceed again to South America, when the seaman procured his discharge under a writ of habeas corpus, issued by a judge of one of our courts. He had previously applied to the Bremen consul residing in this city, who decided that he must accompany the ship on her projected voyage. The provisions in the articles of, agreement, signed by the…
1Opinion of the CourtDaly, J.
Two grounds of defence are taken to this action: First. That the voyage was not at an end when the plaintiff left the vessel. Second. That he bound himself by the shipping articles not to sue for his wages in a foreign port. The plaintiff signed the shipping articles in Bremen, and agreed to go from there to Hew York, and from thence to Bremen, “ or any other place,” in the language of the articles, “ to which our destination may be, or our future voyages may be directed.” This is not to be understood as binding him to serve on board the vessel for as long a time or for as many voyages as the…
2Cases cited1 opinion
- Moran v. BaudinDistrict Court, D. Pennsylvania · 1788