An agreement for wages, as purser, having been entered into by a master and sole owner, the purser, prior to the ship’s sailing, signed the usual articles, but in which there was no rate of wages specified for him. After the completion of the outward voyage he ceased, by the master’s orders, to do duty as purser, but was not regularly suspended for neglect of duty, the wages pronounced for, and a mortgagee, who opposed them, condemned in costs.
Quaere, whether though the owner be bankrupt, and the ship has been sold, and the proceeds are Insufficient to pay mortgagees, a principal mortgagee has sufficient interest to oppose a mariner’s claim for wages?
Citations:
[1837] EngR 688, (1837) 3 Hag Adm 376, (1837) 166 ER 445
Links:
Jurisdiction:
England and Wales
Transport, Employment, Insolvency
Updated: 20 December 2022; Ref: scu.313805