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The Ship Howard, Her Tackle, &C., William F. Schmidt And George Belcher, Claimants And Appellants, v. Frederick Wissman, Libellant

1855 • 59 U.S. 231 • Taney Court
This Supreme Court case involves a dispute between the claimants and appellants, William F. Schmidt and George Belcher, and the libellant Frederick Wissman. The claimants owned a ship called Howard along with its tackle which was damaged by another vessel while in port at New York City. The libellant claimed that he had purchased the ship from them prior to it being damaged but they denied this claim. After hearing both sides of the argument, the court found that there was no evidence to...Open Case
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Chief Taney Court
Term: 1855
59 U.S. 231
15 L. Ed. 363
1855 U.S. LEXIS 690
Argued: Jan 28, 1856

The Ship Howard, Her Tackle, &C., William F. Schmidt And George Belcher, Claimants And Appellants, v. Frederick Wissman, Libellant

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Opinion Summary
AI Abstract

This Supreme Court case involves a dispute between the claimants and appellants, William F. Schmidt and George Belcher, and the libellant Frederick Wissman. The claimants owned a ship called Howard along with its tackle which was damaged by another vessel while in port at New York City. The libellant claimed that he had purchased the ship from them prior to it being damaged but they denied this claim. After hearing both sides of the argument, the court found that there was no evidence to support Wissman's claims as he failed to produce any documents or witnesses who could prove his ownership of Howard before it was damaged. Therefore, Schmidt and Belcher were awarded damages for their losses due to negligence on behalf of those responsible for damaging their property.

Dissent Summary
AI Abstract

In the case of The Ship Howard, Her Tackle, &c., William F. Schmidt and George Belcher, Claimants and Appellants v. Frederick Wissman, Libellant (1855), the dissenting opinion was that a maritime lien should be recognized for wages due to seamen employed on board an American vessel in foreign waters. Justice Curtis argued that this would not conflict with international law since it is already established practice among other countries to recognize such liens; furthermore he noted that Congress had previously passed laws recognizing them as well. He also pointed out that there were no legal precedents or statutes which prohibited recognition of these liens so they should be allowed under common law principles as a matter of fairness and justice towards those who work at sea. Finally he concluded by stating his belief that allowing such claims would promote safety at sea by encouraging better treatment of sailors from their employers while abroad.

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