SMITH v. STEAMER JOSHUA LEVINES.

District Court, S. D. New York.

December 28, 1880.

1. WAGES—INTOXICATION—EVIDENCE.

C. H. Williams, for libellant.

C. E. Crowell, for claimant.

CHOATE, D. J. This is a suit for wages during the years 1877, 1878, and 1879. The libellant alleges a special agreement to pay him $100 month during the time the vessel was running. He served as engineer and fireman. The promise to pay the libellant $100 a month is proved, but the claimant has attempted to show that he was so intoxicated when he made the promise that he did not know what he was doing. I think the weight of the testimony is against the claimant on this point, and the libellant is entitled to recover his wages at that rate. His wages amount to $2,030 between September 1, 1877, and February 11, 1879. He admits that the claimant is entitled to credits, which reduce the amount to $810.29, for which sum, with interest from February 11, 1879, with costs, the libellant is entitled to a decree.

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