Wysham v. Rossen
New York Supreme Court
IN ERROR, on certiorari, from the justices’ court of the ° city of New-York. Rossen brought an action against Wysham^ in the court below, for wages as second mate on board of the Philip, on a voyage from Baltimore to Lisbon or Cadiz and back. The plaintiff below shipped on board the vessel of which one Hall was master, and signed articles in the usual form at Ptdiimore, the 4th of September, 1812, at the rate of 30 dollars per month.
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IN ERROR, on certiorari, from the justices’ court of the ° city of New-York. Rossen brought an action against Wysham^ in the court below, for wages as second mate on board of the Philip, on a voyage from Baltimore to Lisbon or Cadiz and back. The plaintiff below shipped on board the vessel of which one Hall was master, and signed articles in the usual form at Ptdiimore, the 4th of September, 1812, at the rate of 30 dollars per month. The ship sailed the 6th of September, and on the 11th of the same month, a ship of war appeared in sight, about 7 miles to the eastward, and soon after showed…
1Per curiam
Seamen are said to have a threefold remedy for their wages, to wit, against the ship, the owners, and the master. But the master is chargeable only on his special contract in hiring the seamen. The action against him arises solely from the obligation which he contracts by such hiring; and the action against the owners arises from the implied contract which they are supposed to have made through their agent, the master. (1 Comyn on Contracts, 493. Pothier, Louage des Matelots, n. 226.) What evidence is there in this case of a contract between the defendant below and the seamen for their wages,…
2Cited by3 opinions
- Temple v. TurnerMassachusetts Supreme Judicial Court · 1877
- Smith v. OakesMassachusetts Supreme Judicial Court · 1886
- Fitzsimmons v. BaxterNew York Court of Common Pleas · 1869