White v. Middlesex Railroad
Massachusetts Supreme Judicial Court
Contract, for money had and received, to recover $65, deposited by the plaintiff with the defendant corporation under a written agreement providing, among other things, that the plaintiff, who was about to enter the defendant’s employ as a conductor, should, upon entering such employ, deposit the sum of $65, to be retained by the defendant, together with interest accrued thereon and all wages that might be due him, as security for the proper discharge of his duties, for the…
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Contract, for money had and received, to recover $65, deposited by the plaintiff with the defendant corporation under a written agreement providing, among other things, that the plaintiff, who was about to enter the defendant’s employ as a conductor, should, upon entering such employ, deposit the sum of $65, to be retained by the defendant, together with interest accrued thereon and all wages that might be due him, as security for the proper discharge of his duties, for the due accounting for and paying over to the defendant of all fares received, and for the due observance by him of all the…
1Opinion of the CourtField, J.
If the parties had an opportunity to appear and be heard before the president of the company, and the plaintiff had appeared and been heard, and an award had been actually made that nothing was due the plaintiff, this award would be a bar to the action, unless for some cause it was impeached. The fact that the arbitrator was an officer of the defendant corporation, as it was known to the plaintiff when he signed the agreement, would not invalidate the award. But it does not appear by the agreed statement of facts that any hearing was ever had before the president, or that the company ever…
2Cases cited6 opinions
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Wood v. HumphreyMassachusetts Supreme Judicial Court · 1873
- Rowe v. WilliamsMassachusetts Supreme Judicial Court · 1867
- Pearl v. HarrisMassachusetts Supreme Judicial Court · 1876
- Trott v. City Ins. Co.U.S. Circuit Court for the District of Maine · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Lewis v. Brotherhood Accident Co.Massachusetts Supreme Judicial Court · 1907
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
16 more not listed; retrieve them via the Exa API.