9 Johns. 227 | N.Y. Sup. Ct. | 1812
The wages of the outward voyage were due at Messina, because freight was earned by the delivery of the outward cargo. The return states that the whole of the outward cargo was disposed of, “ excepting about 20 hogsheads of tobacco, and some sugar.”
How much time elapsed between the departure and the capture does not appear. It may. not have been three days, and for such a small and trifling excess in the damages, the judgment ought not to be reversed. If the capture was from concert and arrangement, the wages were clearly due up to the time of the capture, if not until the seamen could return to the United States.
Judgment affirmed»