James v. Le Roy
New York Supreme Court
THIS was an action of assumpsit, for work and labour of the plaintiff, performed by his apprentice, in navigating a ship, called the Maryland, belonging to the defend-ants? on a voyage from New-York, round Cape Horn, whence to Canton, and back to New-York. ’ The cause was tried before Mr. Justice Yates, on the 14 th day of December, 1809, at the New-York Sittings, The apprentice, Thomas Shea, was bound to the plaintiff, by indentures, for a term, of which about two years…
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THIS was an action of assumpsit, for work and labour of the plaintiff, performed by his apprentice, in navigating a ship, called the Maryland, belonging to the defend-ants? on a voyage from New-York, round Cape Horn, whence to Canton, and back to New-York. ’ The cause was tried before Mr. Justice Yates, on the 14 th day of December, 1809, at the New-York Sittings, The apprentice, Thomas Shea, was bound to the plaintiff, by indentures, for a term, of which about two years were unexpired, at the commencement of the voyao-e ai30ve mentioned, Shea being then of the age of ° . nineteen years. Shea…
1Per curiam
This is the case of an apprentice, employed by the defendants, without the consent or knowledge of his master. The master is entitled to his earnings, whether the defendants did, or did not know that he was an apprentice. (1 Vez. sen. 83. 48. 1 Salk. 68. 1 Comyn on Contracts, 224, 225.) In case of a hired servant, the employer must have notice, to make himself answerable; (2 Lev. 63. 1 Black. Comm. 429.) The decision, at the circuit, was correct, and the motion for a new trial is denied.
Rule refused.(a)
See Hurg. note (1). Co. Litt. 117. a.
2Cited by7 opinions
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- Trongott v. ByersNew York Supreme Court · 1826
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