Legal Opinion

Jenness v. Emerson

Superior Court of New Hampshire

Decided July 15, 1844Published

Assumpsit, for work and labor from April, 1832, to April, 1835, performed by the plaintiff for Moulton, the intestate. At the trial, which was had upon the general issue, the plaintiff introduced evidence tending to show that he labored for the defendant’s intestate on his farm for the period mentioned in the writ, the plaintiff being at the commencement of said period between fifteen and sixteen years of age; that about that time, his mother, who was his only surviving…

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Assumpsit, for work and labor from April, 1832, to April, 1835, performed by the plaintiff for Moulton, the intestate. At the trial, which was had upon the general issue, the plaintiff introduced evidence tending to show that he labored for the defendant’s intestate on his farm for the period mentioned in the writ, the plaintiff being at the commencement of said period between fifteen and sixteen years of age; that about that time, his mother, who was his only surviving parent, became deranged, and that she had a small amount of property, which was taken possession of by the defendant’s…

1Opinion of the CourtWoods, J.

The main question arising upon this case is, whether the plaintiff is entitled to the results of his own labor, performed for the defendant’s intestate under the circumstances detailed in the case, or whether the same belong to his mother. During the period of the services for which the claim of compensation is made, the mother of the plaintiff was his only surviving parent, and she was insane, and a pauper, supported at the expense of the town of Moultonborough, and the plaintiff was a minor, poor, and destitute of the means of support, excepting as the same might be derived from his own…

2Cases cited6 opinions

  1. Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
  2. Inhabitants of Dedham v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1819
  3. Day v. EverettMassachusetts Supreme Judicial Court · 1810
  4. Riley v. JamesonSuperior Court of New Hampshire · 1823
  5. Hillsborough v. DeeringSuperior Court of New Hampshire · 1827

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