Hussey v. Fields
District Court, D. Massachusetts
This was a libel brought by an officer of the whale ship Rambler against the owners, to recover his share of the proceeds which had come to their hands. The ship sailed from Nantucket in October, 1851. and prosecuted the enterprise until November, 1854, during which time she had taken eight hundred barrels of sperm oil. In that month she went into the port of Honolulu, whence she sent home to the owners the eight hundred barrels.
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This was a libel brought by an officer of the whale ship Rambler against the owners, to recover his share of the proceeds which had come to their hands. The ship sailed from Nantucket in October, 1851. and prosecuted the enterprise until November, 1854, during which time she had taken eight hundred barrels of sperm oil. In that month she went into the port of Honolulu, whence she sent home to the owners the eight hundred barrels. This libel is to recover the libellant’s share of the proceeds of the oil, so sent home and received by the owners. The respondents do not deny this liability, but…
1Opinion of the Court
SPRAGUE, District Judge.
The question is, whether this was a valid payment of *1062the lay or share of the libellant, or a wrongful conversion of the 2G7 gallons of oil which the libellant received at Apia. After the libellant became mate, he was still under the shipping contract, ■ being only advanced to a higher grade, and entitled to a greater compensation. By the first article of that contract, .it is stipulated that the shares of the seaman are “to be paid pursuant to this agreement, and the custom and usage in the port of Nantucket.”
By the ninth article it is provided “that each and every…
2Cited by1 opinion
- Story v. RussellMassachusetts Supreme Judicial Court · 1892