A Treatise On the Law of Shipping
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185, This was a suit in rrm for seamen's wages. It was not disputed that the services had been performed, or that there was a balance due to the libellants. At the time wlicn the contract was made with the seamen, the vessel was owmd l, y Mr. Iloudlette; a few days after, she was conveyed to -^Ir. Amory, as focurity for a debt which Iloudlette owed him, but the vessel remained under the direction of Iloud- lette, and was employed for Iii. S benefit. On her return from her voyage, the master asc...ertained the balance of wages duo, and gave 342 THE LAW OF SHIPPING.
The general doctrine is, that if, by the local law, the acceptance of a negotiable security for a pre-existing debt by t^imple contract is held to be payment, and an extinguishment of the original cause of action, then the acceptance of such security by a privileged creditor will defeat his lien. Judge Ware, however, in the case of The Betsey and Rlioda, ^ qualified the general doctrine, so far as it is applicable to the claims of seamen, and held that, to operate as a waiver of their privilege and an extinction of their lien, it should, in the first place, be distinctly stated to them that such would be the result of the accept- ance of the negotiable security, and also (such was the inclination of his mind) that the note should be accompanied with some other security, in addition to the personal liability of the owners, as an equiva- to each of the men an order on Houdlette for the amount.
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To quickly assess the difficulty of the text, read a short excerpt:
185, This was a suit in rrm for seamen's wages. It was not disputed that the services had been performed, or that there was a balance due to the libellants. At the time wlicn the contract was made with the seamen, the vessel was owmd l, y Mr. Iloudlette; a few days after, she was conveyed to -^Ir. Amory, as focurity for a debt which Iloudlette owed him, but the vessel remained under the direction of Iloud- lette, and was employed for Iii. S benefit. On her return from her voyage, the master asc...ertained the balance of wages duo, and gave 342 THE LAW OF SHIPPING.
The general doctrine is, that if, by the local law, the acceptance of a negotiable security for a pre-existing debt by t^imple contract is held to be payment, and an extinguishment of the original cause of action, then the acceptance of such security by a privileged creditor will defeat his lien. Judge Ware, however, in the case of The Betsey and Rlioda, ^ qualified the general doctrine, so far as it is applicable to the claims of seamen, and held that, to operate as a waiver of their privilege and an extinction of their lien, it should, in the first place, be distinctly stated to them that such would be the result of the accept- ance of the negotiable security, and also (such was the inclination of his mind) that the note should be accompanied with some other security, in addition to the personal liability of the owners, as an equiva- to each of the men an order on Houdlette for the amount.
What to read after A Treatise On the Law of Shipping?
You can find similar books in the "Read Also" column, or choose other free books by Henry Flanders to read onlineMoreLess
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