Reports of Cases Argued And Determined in the Circuit Court of the ..., volume 2

Cover Reports of Cases Argued And Determined in the Circuit Court of the ..., volume 2
Reports of Cases Argued And Determined in the Circuit Court of the ..., volume 2
United States. Circuit Court (1st Circuit), Charles Levi Woodbury, George Minot
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Ormond, lb. 262.
The next objection is, that the vessel has never returned within the meaning of the articles, so as to render the owners at all liable. But, if the vessel is condemned abroad, or lost at sea, or captured or sold, and a part of the cargo was saved, or regained, it would seem just to let the seamen have a share, though the vessel never returned, in specie^ to this country. Sheppard et aL v. Taylor ei oL 5 Pet. 675.
Such is the rule, in substance, in common cases of wages, or in a
... loss at sea, where freight is before earned. 2 Dod.
Adm. 602-504. Such cases constitute equitable exceptions.
Much more should they here, where the voyage was broken up by the respondents' ship becoming unseaworthy, or by the wrongful acts of their master and agent In the next place, the owners except, that they are not responsible for any oil, or its proceeds, not actually received by them, nor gone to their benefit It is true, that the written stipulations indicate expressly that nothing can be recovered as wages in such a case, except what was ''the net proceeds," or ''actual products of the voyage.'* Such a provision is very natural and proper, where the owners and mariners embark tc^ether in a fishing adventure, full of danger and loss, speculative and doubtful in some degree as to its results, but holding out a prospect of gain at times very large, and much beyond the ordinary rate of seamen's wages, as well as of mercantile profits.


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