Chapman v. Crane
Supreme Judicial Court of Maine
This was an action of covenant broken. The allegations in the writ were, that Wm. M. Crane, who was bound out by the defendant to serve as an apprentice till he should arrive at the age of twenty-one years, with the plaintiff, had disobeyed the orders of his master, absented himself from his service before the expiration of the term thereof, without leave, and against the will of the plaintiff, &.c. &c. contrary to the form and effect of his indenture, &c.
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This was an action of covenant broken. The allegations in the writ were, that Wm. M. Crane, who was bound out by the defendant to serve as an apprentice till he should arrive at the age of twenty-one years, with the plaintiff, had disobeyed the orders of his master, absented himself from his service before the expiration of the term thereof, without leave, and against the will of the plaintiff, &.c. &c. contrary to the form and effect of his indenture, &c. The defendant craved oyer of the deed declared on in the plaintiff’s writ, and it was read to him in the words following: — “ This…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The revised statute of 1821, c. 170, concerning apprentices,. was like the statute upon the same subject which existed in Massachusetts, at the time of the separation. *174It has been there decided, that upon such an indenture as has appeared in this case upon oyer, there are no covenants by which the guardian is personally bound. Blunt v. Melcher, 2 Mass. R. 228. Dane, in his abridgement, doubts the law of this case. 3 Dane, 593. But it has been sustained and reaffirmed by a subsequent decision. Holbrook v. Bullard et ux. 10 Pick. 68. The indenture in…
2Cases cited2 opinions
- Blunt v. MelcherMassachusetts Supreme Judicial Court · 1806
- Ackley v. HoskinsNew York Supreme Court · 1817