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Reports of Cases Argued and Determined in the District Court of the United States for the Southern District of New-York (Volume 1)

Reports of Cases Argued and Determined in the District Court of the United States for the Southern District of New-York (Volume 1)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855. Excerpt: ... Reed v. Hussey. The Franklin. The 6th section of the act of Congress of July 20th, 1790, (1 U. S. Slat. at Large, 134, )which provides that all theseamen having cause of complaint of the like kind against the same ship or vessel shall be joined as complainants, if not imperative upon all the seamen to join in a prosecution already begun by a shipmate for the wages of a common voyage, at least removes all occasion for separate actions, and all equity to costs, where such separate actions are instituted. An after action by a seaman, nominally in rem, but so inaptly shaped as to become, in effect, an action in personam against the agents or trustees of the owners, will not carry separate costs to either party. August 2d, 1836.' These actions, one in personam, against Hussey, a part owner of the ship Franklin, and the other in rem, by John Monroe, against the remnants of the ship and the proceeds of part of her cargo, were brought by two seamen to recover wages for their services on board that vessel, on a whaling voyage to the Pacific Ocean, and also salvage for saving portions of the apparel and cargo from her wreck, on the coast of Brazil. It appeared that, in June, 1831, the Franklin sailed from Nantucket on a whaling voyage. The libellant Reed, went out in her. The other libellant, Monroe, shipped at Callao, Peru. Each of them signed the shipping articles, by which Reed was to have a lay of one one hundred and twenty-fifth, and Monroe a lay of one one hundred and twentieth, "of all that shall be obtained during the voyage." Nantucket was the home port of discharge. The ship obtained, during her voyage, from 1,300 to 1,350 barrels of oil, 100 barrels of which were shipped to the United States in another vessel, and were received and sold by the owners. In...


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Product Details
  • ISBN-13: 9781150478680
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 178
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1150478683
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 327 gr

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Reports of Cases Argued and Determined in the District Court of the United States for the Southern District of New-York (Volume 1)
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