ENPages
(seq. 1)
1806. William Brooks vs John Dorr & al
Suffolk. Sup. Jud. Court. March term No. Con. Ac.
The parties agree to submit the decision of this cause to the court upon the following statement of facts.
William Brooks about the 12th day of November 1799. shipped as mate for the monthly wages of $30. on board the Ship Ariadne John Le Bosquet master owned by Joseph and John Dorr the original Defendants for a voyage from Boston to Charleston S. C. thence to London and thence to her port of discharge in the U. S. The ship arrived at Charleston in ballast, there took in a cargo on freight for London and on the 12th day of March 1800 on her passage to London was taken by a French privateer
At the time of the capture the said William Brooks and some other seamen were taken out of the ship on board the privateer & carried into France as prisoners, where the said Brooks was detained as a prisoner, until the 12th day of May 1800 when he was released & he then as soon as he could returned to Boston where he arrived on the 12th day of July 1800. The ship was carried by the captors, into St. Andero, in Spain where she was detained untill the 10th day of December 1800. She was then restored & delivered to Capt. Le Bosquet who hired seamen with whom, and with two seamen, who had continued on board the whole time he proceeded to London the original port of destination and arrived there on the 13th day of June 1801. there he delivered the cargo and received full freight money. The Ship and freight were insured at a premium of 7 1/2 per cent, and upon the intelligence of the capture the owners on the 12th day of June 1800 abandoned her to the underwriters and on the 1st day of November 1800 the assurers paid a total loss.
The assurers took possession of the ship in London where she was sold by their agents on the 2d day of July 1801, and the seamen on board were on the same day
(seq. 2)
day paid off & discharged. When the voyage was settled between the assurers & their agents in London a balance of £120. sterling remained in the hands of the agents. This sum was paid to Capt. Le Bosquet generally, but not specially for the use of Brooks, nor has Brooks demanded or ever received any part of that sum, Capt. Le Bosquet alleges that much more than this balance is due to him for wages & services. When Brooks shipped he received one months advance viz: $30. He received in Charleston $9.57 and while he was in France he received $20. William Brooks now sues the owners for his wages & demands to be paid from the time of his shipment on the 12th November 1799, to the time of his return to Boston viz. the 12th of July 1800, at the rate of $ thirty dollars per month.
Upon this statement of facts the court are to decide what sum is due to the Pltff from the Defendants; (if any.) and judgement is to be confessed by the Defendants for the sum of which may be so decided to be due - and for costs.
If upon this statement the Court should decide that no sum is due to the Pltf, from the defendants the Pltf is to be nonsuit & costs are to be allowed to the Dfts.
Wm Sullivan for appt. Theo. Parsons, Appellee.
Brooks vs Dorr. Statement of facts 1807
(seq. 3)
Mr Timo. Toppan Ford to Theop Parson Esq. Dr 1778
Sep. Term. To writ agt. Hubbs . . . £6 - 0 - 0 To pd Entry of your action agt. him . . . 1 - 5 - 6 To pd for [de??] in £ . . . 1 - 16 - To my fee in dn. this Term . . . 9 - - To pd. the appeal in de. . . . . - 4 - Novr Term. To pd for copies of the [??] . . . 1 - 5 - To pd. Entry of ye appeal . . . 2 - 5 - To my fee in dd. this Term . . . 12 - - To pd. contce. of do. . . . 2 - 4 - 6
1779 June To my fee in arguing that Cause this Term . . . 45 - -
£79 - -
Recd. the Contents J. Parsons
(seq. 5)
To the Honourable Thomas [Dawes?] jnr Judge of Probate for the County of Suffolk -
[??] John L. Leib of Philadelphia in the State of Pennsilvania Esq. that his wife Margaretta is a daughter & coheir of Edmund Connor late of Boston in the said County of Suffolk [??] - that he has been informed that an instrument purporting to be the last will of the said Connor will be produced before your Honour for Probate, the provisions in which instrument as he has been informed are greatly injurious to the said and that the same instrument as be between was unduly executed Margarette - wherefore he requests your Honor that if the said instrument should be presented for Probate, no proceedings may be had thereon until he be duly notified & have reasonable opportunity to show cause against the said Probate
Theop Parson Atty for the said Leib
Boston Sept. 16. 1802