Bardwell v. Purrington
Massachusetts Supreme Judicial Court
COETRAOT on an account annexed for services rendered by Gtarge W. Hayden as a farm laborer to the defendant for thirty-six days in the year 1868 at the rate of one dollar per day. Writ dated July 19, 1869. The answer denied any right of the plaintiff to recover for work done by said George, and alleged that, if the plaintiff should prove that said George did any work for the defendant, then the defendant had paid for the sajae.
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COETRAOT on an account annexed for services rendered by Gtarge W. Hayden as a farm laborer to the defendant for thirty-six days in the year 1868 at the rate of one dollar per day. Writ dated July 19, 1869. The answer denied any right of the plaintiff to recover for work done by said George, and alleged that, if the plaintiff should prove that said George did any work for the defendant, then the defendant had paid for the sajae. At the trial in the superior court, before Brigham, C. J., it appeared that George W. Hayden was a pan of Samuel Hayden, and was born on September 8,1852; and the…
1Opinion of the CourtAmes, J.
A person who was born on the eighth day of September 1852 would become of the full age of twenty-one years if he should live to the seventh day of that month in 1873. He would be entitled to be considered as having attained his majority at the earliest minute of that day. It was not in the power of the overseers of the poor, therefore, so to bind out the minor in this case as an apprentice, that he could lawfully be held to service as such for any appreciable portion of that day. If the indenture necessarily implies ‘ an intent on their part to do so, we should be obliged to say that, in so…
2Cited by9 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Nelson v. SandkampSupreme Court of Minnesota · 1948
- Commonwealth v. HoweSuperior Court of Pennsylvania · 1908
- Erwin v. BentonCourt of Appeals of Kentucky · 1905
- People v. StevensonAppellate Division of the Supreme Court of the State of New York · 1965
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