Canovar v. Cooper
New York Supreme Court
Assumpsit. The action was brought to recover for work and labor done by the plaintiff for the defendant. Plea, general issue, payment and notice of sét-oíf. The defence was that the services were performed whéb the plaintiff was a minor, and while his father was living; and that the compensation for the plaintiff’s services belonged to his father, and not to him.
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Assumpsit. The action was brought to recover for work and labor done by the plaintiff for the defendant. Plea, general issue, payment and notice of sét-oíf. The defence was that the services were performed whéb the plaintiff was a minor, and while his father was living; and that the compensation for the plaintiff’s services belonged to his father, and not to him. The cause wAs referred to referees, for hearing and decision, who, after heáring the pfoofs and allegations of the parties, made their report, certifying that there was due from the defendant, to the plaintiff, the sum of $244. And…
1Opinion of the Court
j&y the Court,
Stiiong, P. J.
The plaintiff worked for the defendant from March, 1837, to some time in the year 1841. The testimony does not give the exact dates; not are they at all material to the questions discussed on the argument. It is clear that the plaintiff was a minor during the whole time, and that his father was then living. The father had some agency in the bargain for the son’s services when he commenced working for the defendant,, and in a settlement made for the work in 1838. The plaintiff, probably at the instigation of the father, then purposed to quit, and went some distance…
2Cases cited1 opinion
- Shute v. DorrNew York Supreme Court · 1830
3Cited by10 opinions
- Dierker ex rel. Shoemake v. HessSupreme Court of Missouri · 1873
- Brosius v. BarkerMissouri Court of Appeals · 1911
- Everett v. SherfeySupreme Court of Iowa · 1855
- Cain v. DevittSupreme Court of Iowa · 1859
- Hammond v. CorbettSupreme Court of New Hampshire · 1871
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