Swift v. Knowles, 8878.

Citation1939 AMC 148,100 F.2d 977
Decision Date17 January 1939
Docket NumberNo. 8878.,8878.
PartiesSWIFT v. KNOWLES.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

James A. Dixon and H. Reid De Jarnette, both of Miami, Fla., for appellant.

Roger Edward Davis, of Miami, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

John S. Swift, the owner of motorboat 18-K-528, employed Lloyd Knowles about Oct. 30, 1937, to work on and about the boat. On Feb. 15, 1938, Swift directed Knowles to wash the former's automobile, which Knowles refused to do, claiming it was not within his employment. Swift paid him off and discharged him. Knowles libelled the motorboat for his wages accruing subsequently, and on April 29, 1938, obtained a decree for them figured to Oct. 30, 1938, less what Knowles had earned since his discharge in another continuing employment up to the date of the decree. Swift has appealed, and has applied to take additional evidence in this court to show what Knowles earned between the date of the decree and October 30, 1938.

From the findings of the District Judge it seems that he regarded the contract of employment to be founded on a letter from Swift to Knowles, dated Oct. 9, 1937, which Knowles in his libel asserted to be the contract. It reads thus: "I talked again with Mr. Ezzell, and after the conversation I came to this conclusion, and following is my proposition: $175.00 per month salary. This is on a year around basis. When you are away from Miami I, of course, will take care of your meals. At the end of the year, if everything has been to my satisfaction, I will be glad to pay you a bonus not to exceed $300.00. You will take care of the boat and devote your whole time to the job." Swift claiming the motorboat by his answer denied that this was the contract, admitted the discharge, and sought to justify it. Swift and Knowles were the only witnesses heard. Swift testified to an oral employment in Miami about the last of October of Knowles as a handyman about Swift's winter home there, to include service on the boat. He said he wrote the letter of Oct. 9, but never received any reply, and the letter was not before them at the time of contracting, and concluded thus: "The terms of employment were discussed at the house after she (Knowles' wife) looked over the house. I said: `I will give you $150.00 per month and give you this house furnished.' The proposition in the letter about $175.00 per month was a different proposition entirely than what we talked about at the house. He started to work at $150.00 per month and I furnished him a house. I just proposed the $175.00 a month, but it was never accepted. Nothing was said about the duration of the employment, as long as he was satisfactory. There was no conversation about the time of his employment at all." Knowles in testifying produced the letter, but did not claim it was the contract or was the basis of it. He said: "I never answered that letter. Mr. Swift came down and talked to me sometime the latter part of October. I did not answer the letter. * * * At that time we came to an agreement what I was to receive, and the agreement was I was to be captain of the boat while it was in commission. When I talked with him on the 30th of October he told me that what he wanted was a person to take care of his lawn, take care of his automobiles, take care of his...

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3 cases
  • United States v. The Pomare
    • United States
    • U.S. District Court — District of Hawaii
    • August 14, 1950
    ...although designated as master, takes himself out of the well settled rule that a master is entitled to no lien for his wages. Swift v. Knowles, 5 Cir., 100 F.2d 977; Burdine v. Walden, 5 Cir., 91 F.2d 321; Wandtke v. Anderson, 9 Cir., 74 F.2d 381; Owen v. United States, 1945 A.M.C. 595; The......
  • Barber v. Motor Vessel" Blue Cat"
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 31, 1967
    ...no lien for his wages, but Knowles, constituting the entire crew of this small boat, as crew may claim one." Swift v. Knowles, 5 Cir., 1939, 100 F.2d 977, 978, 1939 AMC 148. Indeed, we have sounded the same theme. Burdine v. Walden (The Atlantan), 5 Cir., 1937, 91 F.2d 321, 322, 1937 AMC 11......
  • Vlavianos v. The Cypress
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • December 27, 1948
    ...although designated as master, takes himself out of the well settled rule that a master is entitled to no lien for his wages. Swift v. Knowles, 5 Cir., 100 F.2d 977; Burdine v. Walden, 5 Cir., 91 F.2d 321; Wandtke v. Anderson, 9 Cir., 74 F.2d 381; Owen v. United States, 1945 A.M.C. 595; The......

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