Mayo v. Harding
Massachusetts Supreme Judicial Court
Assumpsit for wages due to the plaintiff, as mate of the schooner Eliza, owned by John Gray, now deceased, and commanded by the defendant, on a voyage from Boston to the West Indies and back to Boston. On the general issue pleaded and joined, the cause was tried at the last November term in this county, before Parlcer, J., and a verdict found for the plaintiff, subject to the opinion of the Court on the facts in evidence, as they should be reported by the judge.
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Assumpsit for wages due to the plaintiff, as mate of the schooner Eliza, owned by John Gray, now deceased, and commanded by the defendant, on a voyage from Boston to the West Indies and back to Boston. On the general issue pleaded and joined, the cause was tried at the last November term in this county, before Parlcer, J., and a verdict found for the plaintiff, subject to the opinion of the Court on the facts in evidence, as they should be reported by the judge. It appeared by the shipping-paper, which was in the usual form, that the plaintiff entered as mate on board the said schooner on the…
1Opinion of the Court
Curia.
We have heard the counsel for the defendant, and, being satisfied as to the law, a delay in giving our opinion might have an ill effect on contracts by shipping-papers, if such delay should be supposed to arise from any doubt in our minds.
We are clearly of opinion that the objection of the defendant cannot prevail. It is not uncommon for seamen to be shipped by the owner before the master is appointed, and the seamen sign the paper, with a blank left for the name of the master. And it must be understood that the seamen thus signing consent to go the voyage with any master the owner…
2Cited by2 opinions
- Temple v. TurnerMassachusetts Supreme Judicial Court · 1877
- Joy v. AllenU.S. Circuit Court for the District of Massachusetts · 1846