Page:Federal Reporter, 1st Series, Volume 4.djvu/860

846 FËBBBAIi BËPOBTEB. �void on account of the defect in the libel, which was an error, as I think. But he now shows that he may have a def enoe on the merita. �Default opened as to principal defendant and garnishee, on payingthe fees and expenses paid upon the reference ; the prin- cipal defendant to file his answer, setting up defence ref erred to in his affidavit, within five days after entering order on this memorandum, and stipulating that the issues be referred to a commissioner for trial; either party, however, being atliberty to make any application to the court that he may be advised, in consequence of the libel being unsigned except by "Beebe, Wilcox & Hobbs," proctors, on one day'a notice. ���Bmith V. Steamer Joshua Levines. (ektriet Court, 8. D. Nei» York. December28, 1880.) 1. Wagbs— Intoxication— EvTDBNCB. �C. H. Williams, for libellant. �C. E. Croivell, for claimant. �Choate, D. J. This is a suit for -wages during the years 1877, 1878, and 1879. The libellant alleges a special agree- ment to pay him $100 v. 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 deeree. ����