Lewis v. Trickey
New York Supreme Court
APPEAL by the defendant from a judgment entered at a special term, upon the report of referees. The action was for work and labor, done upon the farm of the defendant from June, 1839, to November, 1844, by the plaintiff, at $12 per month.
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APPEAL by the defendant from a judgment entered at a special term, upon the report of referees. The action was for work and labor, done upon the farm of the defendant from June, 1839, to November, 1844, by the plaintiff, at $12 per month. The answer denied the indebtedness alleged in the complaint, and set up as a defense that the plaintiff, some time in the year 1839, then being an indented apprentice to Peter Townsend, under the statutes of this state, was sent by him to the farm of the said Peter Townsend, in the town of Bristol, which the defendant worked for the said Peter Townsend, to…
1Opinion of the Court
By the Court, Johnson, J.
Where one person performs labor for another, the law presumes a request, and a promise to pay what such labor is reasonably worth, unless it is understood that it is to be performed gratuitously, or if it is performed under circumstances which repel the presumption of a promise, that compensation shall be made. In this case it was understood that the defendant was to make compensation for the plaintiff’s services. Townsend, who claimed the plaintiff as his apprentice at the time he went into the defendant’s service, expressly testifies that he required an equivalent…
2Cited by9 opinions
- Garfield v. KirkNew York Supreme Court · 1873
- Rogers v. AckermanNew York Supreme Court · 1856
- Coale v. SuckertAppellate Terms of the Supreme Court of New York · 1896
- Kiser v. HolladayOregon Supreme Court · 1896
- Newbould v. WarrinNew York Supreme Court · 1862
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