Lightbody v. Smith
Massachusetts Supreme Judicial Court
Contract upon an account annexed for work and labor from April 18 to June 26, 1873, brought for the benefit of Joseph Davis, as assignee of the plaintiff.
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Contract upon an account annexed for work and labor from April 18 to June 26, 1873, brought for the benefit of Joseph Davis, as assignee of the plaintiff. At the trial in the Superior Court, before Bacon, J., without a jury, there was evidence that the plaintiff, on December 26 1874, executed to Davis the following assignment: “ Know all men by these presents, that I, John Lightbody of Boston, in the county of Suffolk, in consideration of $150 to me paid by Joseph Davis of said Boston, the receipt whereof I do hereby acknowledge, do hereby assign and transfer to said Joseph Davis all claims…
1Opinion of the CourtAmes, J.
It may have been the expectation of all the parties concerned, at the time the advances were made to Lightbody, that he would continue in the employ of the defendants long enough for his wages to repay those advances. But there was no stipulation to that effect. On the contrary, his employment was by the day, and from day to day only. They had a right to discharge him at any moment and he had a right to seek employment elsewhere whenever he saw fit. Except as to wages actually due him at the time of the assignment, it was an attempt to transfer a mere possibility of future earnings, and not…
2Cases cited1 opinion
- Low v. PewMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Denny v. Brown, Wheelock, Harris, Stevens, Inc.New York Supreme Court · 1941
- Rodijkeit v. AndrewsOhio Supreme Court · 1906
- Silverstein ex rel. Brewer & Co. v. GresheimerIllinois Circuit Court · 1900