Marsh v. Rulesson
New York Supreme Court
Error from the, Schenectady common pleas. Rulesson sued Marsh in a justice’s court, and on a trial by jury, ob(ained a verdict and judgment. Marsh appealed to the Sche- , , J , ... . , nectady common pleas.
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Error from the, Schenectady common pleas. Rulesson sued Marsh in a justice’s court, and on a trial by jury, ob(ained a verdict and judgment. Marsh appealed to the Sche- , , J , ... . , nectady common pleas. On the trial, it appeared that Ru-lesson had hired himself to Marsh, as a servant for a fortnight ; that after remaining ten days in the service of Marsh, on being desired by him, on a Sunday, to water and feed his cattle, he refused : Marsh told him to go to hell, but to mind and first work his time out. Rulesson quit the service of Marsh, and brought his action to recover for the ten…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff below violated his contract. The half month’s service was a condition precedent to be performed, before payment for the services could be demanded. The defendant, in point of fact, did not turn the plaintiff away, though his language was extremely improper. Perhaps the master would be justifiable in turning away a servant without compensation, who refused to obey his lawful and reasonable commands. I think he would; but that point it is not necessary to decide. The plaintiff went away without cause, and was not entitled to recover.
Judgment reversed.
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