Barron v. Locke

2 F. Cas. 937

Opinion

The defense is that the seaman is not entitled to the small balance claimed, because he had not been discharged from the vessel, and that leaving without being discharged forfeited the wages due. On the other hand, it was in evidence that tbs seaman was sick, and'unable to be on board ship. It would be hard and unjust, the court contended, to hold him to a literal performance. His sickness is an excuse, and therefore the balance of wages must be decreed, with costs.