Trask v. The Dido

U.S. District Court

Decided December 21, 1827

U.S. District Court · decided 1827-12-21

Attachment for wages, Friday 21st December, 1827. stated this to be a claim for wages up to the time when they were discharged from the Dido, which had been wrecked in the Delaware, the libel-lants having remained on board five days after she grounded, and assisted in saving the spars, rigging and part of the cargo, and further stated that the respondent [John Welsh] refused to pay wages for the said five days, which the libellants insisted on as just and proper.

Decided 1827-12-21

THE COURT

¶1allowed the postponement.

¶2On Friday the 28th, this claim was again urged on the part of the libellants, when the respondent appeared, and informed the court that he had since settled with the libellants, and taken their receipts in full. It appeared, too, that the libellants had shipped and gone to sea.

¶3Mr. Troubat then stated that he had not seen the libellants since the last Friday, that they had settled without his knowledge or privity, and had not paid the costs of suit for which he himself had become surety. He therefore concluded by moving for a decree against Mr. Welsh, the respondent, for costs, contending that his alleged settlement with the libellants would not protect him from payment of the usual costs.

• PETERS, District Judge,

¶4granted the motion, and decreed the respondent to pay the costs.