Legal Opinion

Davis v. Leslie

District Court, S.D. New York

Decided January 15, 1848PublishedCited by 2 opinions

This was a libel in personam, by Thomas Davis against John Leslie, master of the ship Virginius, to recover seaman’s wages, and the value of wearing apparel lost in the wreck of the ship. There were six other suits arising out of the same facts, and involving the same questions.

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This was a libel in personam, by Thomas Davis against John Leslie, master of the ship Virginius, to recover seaman’s wages, and the value of wearing apparel lost in the wreck of the ship. There were six other suits arising out of the same facts, and involving the same questions. Five of the seven suits were brought against the master, and two against the owner of the Virginius. 1.This is the case of a British vessel, commanded by a British master, manned by British seamen, and sailing under the British flag, and lost in British seas. The men are entitled to the benefit of British laws, and in…

1Opinion of the Court

BETTS, District Judge.

This is one of seven suits in personam, prosecuted by the crew of the British ship Virginius—two against the reputed owner of the ship, and five against her master—to recover the wages of the men and the value of their wearing apparel taken on board and lost with the ship. The parties have stipulated that the seven suits shall stand as if consolidated. In respect to the two suits against the alleged owner, it is sufficient to say that the allegations of his ownership were wholly disproved upon the hearing, and the libels against him must be dismissed for that reason. In…

2Cases cited3 opinions

  1. Johnson v. DaltonNew York Supreme Court · 1823
  2. Dunnett v. TomhagenNew York Supreme Court · 1808
  3. Suckley v. FurseNew York Supreme Court · 1818

3Cited by2 opinions

  1. Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
  2. Slocum v. Western Assur. Co.District Court, S.D. New York · 1890

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