United States Supreme Court Cases & Opinions

U.S. Supreme Court

Collie v. Fergusson, 281 U.S. 52 (1930)

Collie v. Fergusson

No. 423

Argued January 13, 1930

Decided February 24, 1930

281 U.S. 52

Syllabus

1. R.S. § 4529, providing that the owner of any vessel making coastwise voyages who refuses or neglects to pay a seaman's wages in the manner therein prescribed "without sufficient cause," shall pay the seaman a sum equal to two days' pay for each day during which payment is delayed, does not apply where delay in payment is due to the insolvency of the owner and the arrest of the vessel subject to accrued claims beyond its value. P. 281 U. S. 54.

2. Evidence in an admiralty suit not reviewed when sufficient to support the concurrent action of two courts below. P. 281 U. S. 57.

3. Seamen who appealed unsuccessfully to the circuit court of appeals from a decree in admiralty properly denying their claims to payment of double wages for waiting time from the proceeds of a vessel held entitled to two-thirds of the costs in that court because payment of wages from such proceeds, adjudged in their favor, was withheld through a suspension of the decree pending the appeal, ordered by the district court at the instance of their opponents, who took no cross-appeal. P. 281 U. S. 57.

31 F.2d 1010 modified and affirmed.

Certiorari, 280 U.S. 547, to review a decree of the circuit court of appeals affirming a decree in admiralty.

Page 281 U. S. 53