Transportes Maritimos Do Estado v. Almeido
Court of Appeals for the Second Circuit
Almeida served as a waiter on the Portuguese steamship Goa. He shipped at.New York, and the agreement contained .in the articles was that he and others similarly situated should receive pay “until they reached the Port of New York.” But it was further agreed that “such members of the crew as are not to be sent back to New York shall be disembarked at Lisbon without payment of the return passage and without payment of salary for the duration of the return trip to New York.”
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Almeida served as a waiter on the Portuguese steamship Goa. He shipped at.New York, and the agreement contained .in the articles was that he and others similarly situated should receive pay “until they reached the Port of New York.” But it was further agreed that “such members of the crew as are not to be sent back to New York shall be disembarked at Lisbon without payment of the return passage and without payment of salary for the duration of the return trip to New York.” The Goa did not return to New York after a voyage to South American ports, but went to Lisbon, and there Almeida was paid…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). As this writ has been sent us by ruling authority, we proceed to consider it.
The principal question argued is of sovereign- immunity from suit or action, something much discussed of late, and never presented in exactly the way it appears on this record.
We cannot consider this point, because we are persuaded that the case was improperly brought and the District Court had no power to entertain it.
The action is founded on R. S. § 4529, in the sense that the wages claimed are based upon a construction of that article; but the action promoted rests on R. S. §'…
2Cases cited2 opinions
- Strathearn Steamship Co. v. DillonSupreme Court of the United States · 1920
- The ItalierCourt of Appeals for the Second Circuit · 1919
3Cited by10 opinions
- Rogelio J. Cuevas v. Reading & Bates Corp., A/K/A Reading & Bates Offshore Drilling Co.Court of Appeals for the Fifth Circuit · 1985
- John Monteiro, Libelant-Appellant v. Sociedad Maritima San Nicolas, S.A. And the S.S. Euryviades, Her Engines, Boilers, Tackle, Appurtenances, Etc.Court of Appeals for the Second Circuit · 1960
- Cuevas v. Reading & Bates Corp.District Court, S.D. Texas · 1983
- Fuhr v. Newfoundland-St. Lawrence Shipping Ltd.District Court, S.D. New York · 1959
- Cubeiro v. Sun Seaway Enterprises, Inc.District Court, S.D. New York · 1982
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