Barton v. Ford
New York Supreme Court
Appeal from a judgment of the County Court of Onondaga county, affirming a judgment of a justice of the peace. September 13, 1880, Hugh McShane (a minor fourteen years of age), the father of the minor, and the plaintifE, executed under their hands and seals a contract, by which the minor was apprenticed to the plaintifE for four years “ to learn the trade, craft and business jof cigar making.”
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Appeal from a judgment of the County Court of Onondaga county, affirming a judgment of a justice of the peace. September 13, 1880, Hugh McShane (a minor fourteen years of age), the father of the minor, and the plaintifE, executed under their hands and seals a contract, by which the minor was apprenticed to the plaintifE for four years “ to learn the trade, craft and business jof cigar making.” The mother of the minor on the same day consented to the contract of apprenticeship by a certificate indorsed thereon and executed under her hand and seal. The minor immediately entered into the service…
1Opinion of the Court
Follett, J.:
To recover in this action against a person not a party to the contract of apprenticeship, the plaintiff must establish the existence ,of a valid contract of apprenticeship. (Gye v. Felton, 4 Taunt., 876; Peters v. Lord, 18 Conn., 337.) As against a wrong-doer, an apprenticeship de facto is sufficient to entitle a master to recover, but this is not an action for damages for enticing away a servant or employee.
The existence of a legal right in the plaintiff to the services of the minor, and to control his conduct, lies at the foundation of the action. The master must, so far as the…
2Cases cited1 opinion
- Peters v. LordSupreme Court of Connecticut · 1847