Legal Opinion

Haight v. Badgeley

New York Supreme Court

Decided May 2, 1853PublishedCited by 11 opinions

This was an appeal from the decision of the Saratoga county court, reversing a judgment of a justice’s court, in favor of the plaintiff. The complaint was that the wife of the defendant, B. Badgeley, broke and entered the close of the plaintiff, and enticed Catharine, a servant girl of the plaintiff, to leave his employment ; that said servant had ever since been discontented and refused to serve the plaintiff, in consequence.

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This was an appeal from the decision of the Saratoga county court, reversing a judgment of a justice’s court, in favor of the plaintiff. The complaint was that the wife of the defendant, B. Badgeley, broke and entered the close of the plaintiff, and enticed Catharine, a servant girl of the plaintiff, to leave his employment ; that said servant had ever since been discontented and refused to serve the plaintiff, in consequence. The answer wholly denied the complaint; and also stated, that if either of the defendants ever entered the plaintiff’s premises, the latter used abusive language to the…

1Opinion of the Court

By the Court, Hand, P. J.

In this state, a contract for the personal services of an adult, as a general thing, is a matter for courts of law : and for a violation of it, the remedy is in damages ; and a specific performance will not be enforced. (Hamblin v. Dinneford, 2 Ed. Ch. R. 529. Sanquirico v. Benedetti, 1 Barb. S. C. R. 315. Corsetti v. De Rivafinoli, 4 Paige, 264. Kemble v. Kean, 6 Sim. 333. Clarke’s case, 1 Blackf. 122. Smith v. Gould, 2 Ld. Raym. 1274. 2 Kent, 258, n.) No absolute property can in this state be acquired in the person or personal services of an adult, by an executory…

2Cases cited5 opinions

  1. Woodward v. WashburnNew York Supreme Court · 1846
  2. Case of ClarkIndiana Supreme Court · 1821
  3. De Rivafinoli v. CorsettiNew York Court of Chancery · 1833
  4. Scidmore v. SmithNew York Supreme Court · 1816
  5. Roller v. MaxwellU.S. Circuit Court for the District of Southern New York · 1853

3Cited by11 opinions

  1. Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
  2. Clark v. Van VranckenNew York Supreme Court · 1855
  3. Johnston Harvester Co. v. MeinhardtNew York Supreme Court · 1880
  4. Todd Protectograph Co. v. HirschbergNew York Supreme Court · 1917
  5. Ramme v. . Long Island R.R. Co.New York Court of Appeals · 1919

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