The "Nymph"-(F M. Fenenga, Master)
| Jurisdiction | England & Wales |
| Judgment Date | 18 March 1856 |
| Date | 18 March 1856 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 1033
HIGH COURT OF ADMIRALTY OF ENGLAND
the " nyicph "-(F. M. Fenenga, Master). March 18, 1856.-Master's suit for wages -Responsive allegation-Liability of purchasers.-The purchaser of a ship takes her with the liabilities attached by law-seamen's wages-bottomry bond -demand for salvage ; and his remedy must be against the vendor. This was a suit promoted by Fenenga, the late master of the vessel, for wages. The action was entered in the sum of 54, 15s 2d. The petition given in by the master claimed wages due for service on board the said vessel, then the " Twee Gezusten," from 10th February 1854 to the 28th of April 1855, when she passed into other hands at Cardiff, and when he was discharged by the present owners or their ^ent. The allegation ob behalf of Richard and Henry Burton, the present owners, assented a settlement of accounts and wages ta have been made at Cardiff, between Jong, the former owner of the " Nymph," and Fenenga, the master. This was admitted without opposition. The present question was on the admission of a responsive allegation on behalf of the master, counterpleading the settlement of accoumts asserted to have been made at Cardiff between Jong and himself, and explnmii^ hi connection and dealings with Jong. Addams appeared in opposition to the allegation. Bayford ia support of its admissibihty Dr. LushAngton: It appears to me that the objection pressed by Dr. Addams, as to the amount at which the action is en-[87]-tered, cannot be sustained-certainly not In this stage of the case, because the action being entered at above 50, I cannot entet into a preliminary investigation as to whether this may not be reduced to a , smaller sum in the further proceedings in the caae. I must presume that the action having ben entered for above 50, 50 might be recovered ; therefore I gire no opinion as to the statute which imposes upon the Court the duty of not entertaining a suit by a mariner where the sum does not exceed 50. With regard to this case, it ought to be remembered that those who purchase ships stand in a different position from those who purchase other articles , for where a man purchases a ship he takes-it with att the liabilities, that attach to it in law, and if he would protect himfelf against tkese liabilities, he must do so by a guarantee, or by some other mode, that ke may nob fce injured by latent demands If the ship be sold, she is always subject to...
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