New York Court of Appeals
Herbert Cox, Appellant v. Lykes Brothers, Defendant, and United States Shipping Board Emergency Fleet Corporation…
February 19, 1924237 N.Y. 376
Summary
The Court held that the plaintiff's claim for extra wages under §4529 is a wage claim, not a penalty, so state courts have jurisdiction; the seaman's release does not bar recovery because the statute permits setting it aside for oppression; and the United States Shipping Board Emergency Fleet Corporation is an owner within the meaning of the statute and liable for the wages. Accordingly, the appellate decision was reversed and the municipal court's judgment affirmed.