Caden v. Farwell
Massachusetts Supreme Judicial Court
Contract on the defendants’ covenant to pay wages to the plaintiff’s minor son, contained in an indenture of apprenticeship executed by and between the plaintiff and the defendants, on January 13,1864, which was appended to the declaration and set forth that, in consideration of the plaintiff’s covenant, binding his son to the defendants, who were printers, “ to well and faithfully serve them and give and devote to them his whole time and labor,” as an apprentice, from the…
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Contract on the defendants’ covenant to pay wages to the plaintiff’s minor son, contained in an indenture of apprenticeship executed by and between the plaintiff and the defendants, on January 13,1864, which was appended to the declaration and set forth that, in consideration of the plaintiff’s covenant, binding his son to the defendants, who were printers, “ to well and faithfully serve them and give and devote to them his whole time and labor,” as an apprentice, from the date of the indenture until January 13,1867, when he would arrive at full age, the defendants covenanted, to and with the…
1Opinion of the CourtGray, J.
It is immaterial whether the indenture sued on can be considered as made according to the statutes of the Commonwealth; for, if not, it is good at common law. Gen. Sts. c. 111, § 23. Lobdell v. Allen, 9 Gray, 381. In either aspect, as the father was entitled to the services of his minor son, and the consideration of the contract therefor moved from him, and the defendants’ covenant was made with him for the payment of wages to ihe son, the father may maintain an action for breach *139of that covenant. Gen. Sts. c. 111, § 14. 2 Walford on Parties, 1135, 1141. Met. Con. 206, 211.
The son’s sickness…
2Cited by5 opinions
- Putnam Machine Co. v. MustakangasMassachusetts Supreme Judicial Court · 1920
- Dickinson v. TalmageMassachusetts Supreme Judicial Court · 1885
- Harrington v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1875
- People ex rel. O'Connor v. HardingAppellate Court of Illinois · 1922
- Crombie v. McGrathMassachusetts Supreme Judicial Court · 1885