Plumb v. Whiting
Massachusetts Supreme Judicial Court
This was an action of assumpsit, for four months and twenty-seven days’ labor of the plaintiff’s son. On the general issue pleaded, the cause was tried before Thatcher, J., from whose report of the trial it appears that the defendant did not dispute the performance of the service, but insisted that it was done under an express hiring for a year at 72 dollars, and that the son left his service against his will, within the year. This contract was denied by the plaintiff.
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This was an action of assumpsit, for four months and twenty-seven days’ labor of the plaintiff’s son. On the general issue pleaded, the cause was tried before Thatcher, J., from whose report of the trial it appears that the defendant did not dispute the performance of the service, but insisted that it was done under an express hiring for a year at 72 dollars, and that the son left his service against his will, within the year. This contract was denied by the plaintiff. On the trial, the plaintiff, to maintain the issue on his part, produced a witness, who swore that he was present at the…
1Opinion of the Court
• This motion was briefly spoken to by T. Williams in support of it, and Hastings on the other side. The action was continued nisi for advisement, and at the March term succeeding in Suffolk, the opinion of the Court was delivered by
Parsons, C. J.
If the plaintiff’s son was immediately and directly interested in the event of the suit, it is very clear that he ought to have been rejected ; and if he was to have one moiety of his earnings, he was directly interested in the event of the suit to recover them. Now, the witness produced by the plaintiff swore that by the bargain the plaintiff had…
2Cases cited3 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Smith v. DownsSupreme Court of Connecticut · 1827
- Dellone v. RehmerSupreme Court of Pennsylvania · 1835
3Cited by4 opinions
- Smith v. DownsSupreme Court of Connecticut · 1827
- President of the Union Bank v. KnappMassachusetts Supreme Judicial Court · 1825
- Robinson v. CrowninshieldSuperior Court of New Hampshire · 1817
- Marwick v. Georgia Lumber Co.Supreme Judicial Court of Maine · 1841