Stuart v. Simpson
New York Supreme Court
Error from the New-Yorlc common pleas. The action . , m the common pleas was case, brought by Stuart against Simpson, for enticing and harbouring his apprentices. It was proved on the trial in the court below, that the defendant had employed for a number of months two apprentices of the plaintiff, as supernumeraries, at the Park Theatre. There was, however, no evidence that the defendant knew that they were the apprentices of the plaintiff. The plaintiff was a cabinet maker.
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Error from the New-Yorlc common pleas. The action . , m the common pleas was case, brought by Stuart against Simpson, for enticing and harbouring his apprentices. It was proved on the trial in the court below, that the defendant had employed for a number of months two apprentices of the plaintiff, as supernumeraries, at the Park Theatre. There was, however, no evidence that the defendant knew that they were the apprentices of the plaintiff. The plaintiff was a cabinet maker. The apprentices went to the dressing-room with the dust of the mahogany upon their clothes, which could easily be seen.…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff was nonsuited in the court below, because, in the opinion of the court, there was no evidence to prove that the defendant knew the *379apprentices to be such. The circumstances relied on, are the youthful appearance of the boys, and the mahogany dust on their clothes. The court were right in deciding that these would not warrant the jury in finding that the defendant knew them to be apprentices. In my opinion the judge was correct, also, in refusing testimony to shew that other apprentices had been employed. The point contested, was the knowledge of the…
2Cited by37 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People v. CookNew York Supreme Court · 1852
- Phillips v. DickersonIllinois Supreme Court · 1877
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Mateer v. BrownCalifornia Supreme Court · 1850
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