Day v. Everett
Massachusetts Supreme Judicial Court
This was an action of covenant broken. The declaration contained several counts, all of them upon an indenture made between the parties.
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This was an action of covenant broken. The declaration contained several counts, all of them upon an indenture made between the parties. The defendant prayed oyer of the indenture, which is dated July 10th, 1799, and by which it appears that the plaintiff, for, and in behalf, and in request of his son, Everett Day, is one party, and the defendant is the other party; and the indenture witnessed that the plaintiff doth bind and put his said son to hire, and dwell with the defendant, for the term of six years from the 5th of December, 1799, and covenants with the defendant that he will not…
1Opinion of the Court
The action being continued nisi, the opinion of the Court was pronounced at the following November term in Suffolk, by
Parsons, C. J.
There is no question but that a father, who is entitled to the services of his minor son, and for whom he is obliged to provide, may, at the common law, assign those services to others, for a consideration to enure to himself. He may contract that his minor son shall labor in the service and employment of others, for a day, a month, or any longer term, so that the time do not exceed the period of the child’s emancipation from the father; which may take place, as…
2Cited by22 opinions
- State ex rel. Neider v. ReuffWest Virginia Supreme Court · 1887
- United States v. BainbridgeU.S. Circuit Court for the District of Massachusetts · 1816
- Halliday v. MillerWest Virginia Supreme Court · 1887
- Putnam Machine Co. v. MustakangasMassachusetts Supreme Judicial Court · 1920
- Campbell v. CooperSupreme Court of New Hampshire · 1856
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