Harden v. Gordon
U.S. Circuit Court for the District of Maine
[Appeal from the district court of the United States for the district of Maine.] This was a suit for subtraction of wages, brought jointly against [Joshua Gordon and another] the master and the owner of the brig Enterprize, for wages earned by the plaintiff [William Harden] as mate on a voyage described in the shipping articles to be from the port of Portland to Guadaloupe and a market, and back to a port of discharge, and to Portland.
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[Appeal from the district court of the United States for the district of Maine.] This was a suit for subtraction of wages, brought jointly against [Joshua Gordon and another] the master and the owner of the brig Enterprize, for wages earned by the plaintiff [William Harden] as mate on a voyage described in the shipping articles to be from the port of Portland to Guadaloupe and a market, and back to a port of discharge, and to Portland. The libel also included a claim for the expenses occasioned by the sickness of the plaintiff in a foreign port in the course of the voyage; and upon the…
1Opinion of the Court
STORY, Circuit Justice.
Several questions have been presented at the argument for the deliberation of the court. In the first place, whether the claim be within the cognizance-of a court of admiralty; so that, if it be well founded in fact, this court, sitting in admiralty, is rightfully entitled to enforce it. In the next place, supposing the court to pos*481sess jurisdiction, whether by the general principles of maritime law, such a claim constitutes a rightful charge upon the ship, which the master and owner are compellable to defray. And lastly, if the maritime law creates such a charge,…
2Cited by177 opinions
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- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
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