The Cabot
District Court, S.D. New York
In admiralty. This was a libel in rem, filed originally by Charles H. Sanborn, against the ship Cabot, to recover wages. The libellant was one of the crew’ of the ship Cabot, and had earned wages in the course of his employment on board her.
Read the full summary
In admiralty. This was a libel in rem, filed originally by Charles H. Sanborn, against the ship Cabot, to recover wages. The libellant was one of the crew’ of the ship Cabot, and had earned wages in the course of his employment on board her. The ship arrived at the port of New York from a circuitous voyage to ports in Europe and back, on December 2S, 1847. No owner, nor any agent of an owner, appeared to take charge of the ship, or to pay her custom-house charges or other bills, and the master had no funds to meet them, or to pay the wages of the crew. The crew were discharged from the ship…
1Opinion of the Court
BETTS, District Judge.
The bottomry creditor had no authority in law to exact from the seamen a formal assignment of their claims for wages as a condition to th > payment thereof. If he satisfied those claims in good faith, for the protection of his demand on the interest of the ship-owner, the court might recognize in his behalf a novation pro tanto to those claims, and, upon the final decree, secure to him a reimbursement of such advance, as equitably united or compounded with his lien debt. But he had no right to compel the seamen to put themselves or their demands under his control, or to…
2Cited by3 opinions
- The VerdiDistrict Court, S.D. New York · 1920
- Brown v. The AlliancaDistrict Court, S.D. New York · 1894
- The J. C. WilliamsDistrict Court, S.D. New York · 1883