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THE CONSTELLATION

September 28, 1937

THE CONSTELLATION


The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

These are three applications for the following relief: First, "For an order directing the Clerk of this Court to issue a venditioni exponas to the United States Marshal for this district directing him to sell the said vessel as perishable"; second, "For an interlocutory decree in favor of the libelant, with order of reference to compute the amount due, or in the alternative for an order directing the immediate trial of this suit"; third, for a hearing on the exceptions of libelant to the answer of the claimant.

The libelant, a seaman, filed a libel for wages from November 1, 1936, up to date. He has been employed as a seaman on the schooner Constellation and makes a further claim for supplies and repairs to the vessel.

 The claimant, the owner of the vessel, has filed an answer, but no stipulation for value.

 Libelant was employed under the following agreement:

 "New York, N.Y. February 23, 1937

 "Captain Alvin Loesche

 "Schooner Constellation

 "New York Harbor, N.Y.

 "Dear Captain Loesche:

 "In consideration of the fact that I have not been able to get a dock for the Schooner Constellation for the winter, I agree to pay you as Shipkeeper of said Schooner $175.00 (one hundred seventy-five Dollars) per month for the period of three months, namely December 1936, January and February 1937.

 "The wages are to be adjusted again after February 28, 1937 through a new agreement at no less than $125.00 (one hundred twenty-five Dollars) per month while the Constellation is not in commission.

 "Very truly yours,

 "(Willard D. ...


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