Schermerhorn v. Hull
New York Supreme Court
IN ERROR/to the court of common' pleas of the county of Columbia. , ' 1 ' ■ : , . ■ This was .an action of assumpsit, which was tried at the Magi term of the court below, in 1815, and was brought to recover the value of the services of two of the plaintiff’s'children, a boy and girl, who. went into the defendant’s employ in the latter part of'February^ 1812, and continued with him until July.. 1814, when they absconded frota- the defendant.
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IN ERROR/to the court of common' pleas of the county of Columbia. , ' 1 ' ■ : , . ■ This was .an action of assumpsit, which was tried at the Magi term of the court below, in 1815, and was brought to recover the value of the services of two of the plaintiff’s'children, a boy and girl, who. went into the defendant’s employ in the latter part of'February^ 1812, and continued with him until July.. 1814, when they absconded frota- the defendant. To bar the plaintiff’s right of action, the defendant offered to' show indent tures of apprenticeship by the overseers of the poor of -the city of Hudson,…
1Opinion of the CourtYates, J.
The discharge of the apprentice by the justices, under the statute, cannot affect the validity of the indentures as to any time of service rendered previous to their interference, and the master, upon that ground, cannot be prevented from defending himself in a suit like the present, by showing that there could be no indebtedness for such services, because, at that time, they were his indented apprentices.
The act concerning apprentices and servants, (1 R. L. 138, 139.,) gives power to three justices, or to the mayor, recorder, and aldermen, of any city, or any three or more of them, to…
2Cited by3 opinions
- Dyer v. HuntSuperior Court of New Hampshire · 1831
- People ex rel. Heilbronner v. HosterNew York Court of Common Pleas · 1873
- Viele v. . the Troy and Boston Railroad CompanyNew York Court of Appeals · 1859