Hartley v. Tapley
Massachusetts Supreme Judicial Court
Scire facias against the defendant as trustee of John McGuire. The defendant, being examined under oath, disclosed as follows: “ There was due from me to McGuire, on the 3d of September 1852, $26.13 for his, wages previously earned. McGuire was in my employ from that time till the 8th of October 1852, the time of the service upon me of the original process in this case. He worked by the piece, and his wages per month varied. There was no fixed price per month.
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Scire facias against the defendant as trustee of John McGuire. The defendant, being examined under oath, disclosed as follows: “ There was due from me to McGuire, on the 3d of September 1852, $26.13 for his, wages previously earned. McGuire was in my employ from that time till the 8th of October 1852, the time of the service upon me of the original process in this case. He worked by the piece, and his wages per month varied. There was no fixed price per month. On the 9th of September 1852, he drew upon me the following order in writing: 6 Mr. Gilbert Tapley. Sir: Please to pay to Mrs. John…
1Opinion of the Court
By the Court.
This question has very recently been under the consideration of the court. The rule is, that wages to be earned under an engagement existing at the time of giving the order are assignable; but not money to be earned hereafter under a new engagement. Emery v. Lawrence, 8 Cush. 151. Mulhall v. Quinn, 1 Gray, 105. The particular fact that the workman was employed to work by the piece does not affect the general fact that he was uninterruptedly in the employ of the defendant during all the time in question.
Judgment for the defendant
2Cited by2 opinions
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- Samstag v. OrrSupreme Court of Arkansas · 1912