Smith v. Steamer Joshua Levines

S.D. New York

Smith v. Steamer Joshua Levines

4 F. 846, 1880 U.S. Dist. LEXIS 221

DecidedDecember 28, 1880

StatusPublished

This text of 4 F. 846 (Smith v. Steamer Joshua Levines) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Steamer Joshua Levines, 4 F. 846, 1880 U.S. Dist. LEXIS 221 (S.D.N.Y. 1880).

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Opinion

Choate, D. J.

This is a suit for wages during the years 1877, 1878, and 1879. The libellant alleges a special agreement to pay him $100 v. month during the time the vessel was running. He served as engineer and fireman. The promise to pay the libellant $100 a month is proved, but the claimant has attempted to show that' he was so intoxicated when he made the promise that he did not know what he was doing. I think the weight of the testimony is against the claimant on this point, a.nd the libellant is entitled to recover his wages at that rate. His wages amount to $2,030 between September 1, 1877, and February 11, 1879, He admits' that the claimant is entitled to credits, which reduce the amount to $810.29, for which sum, with interest from February 11,1879, with costs, the libellant is entitled to a decree.

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Choate, D. J.

This is a suit for wages during the years 1877, 1878, and 1879. The libellant alleges a special agreement to pay him $100 v. month during the time the vessel was running. He served as engineer and fireman. The promise to pay the libellant $100 a month is proved, but the claimant has attempted to show that' he was so intoxicated when he made the promise that he did not know what he was doing. I think the weight of the testimony is against the claimant on this point, a.nd the libellant is entitled to recover his wages at that rate. His wages amount to $2,030 between September 1, 1877, and February 11, 1879, He admits' that the claimant is entitled to credits, which reduce the amount to $810.29, for which sum, with interest from February 11,1879, with costs, the libellant is entitled to a decree.

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Bluebook (online)

4 F. 846, 1880 U.S. Dist. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-steamer-joshua-levines-nysd-1880.