Child v. Boyd & Corey Boot & Shoe Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract, to recover damages for an alleged wrongful dismissal from the defendant’s employ. Answer: a general denial. The defendant, on motion of the plaintiff, also filed two specifications of defence as follows: 1. Intoxication of the plaintiff, and a visit by him to a house of ill-fame in Cincinnati, Ohio, and public association with a prostitute between August 8 and 15, 1896, thereby rendering him an unfit person to continue in the defendant’s employ, and incapable of…
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Contract, to recover damages for an alleged wrongful dismissal from the defendant’s employ. Answer: a general denial. The defendant, on motion of the plaintiff, also filed two specifications of defence as follows: 1. Intoxication of the plaintiff, and a visit by him to a house of ill-fame in Cincinnati, Ohio, and public association with a prostitute between August 8 and 15, 1896, thereby rendering him an unfit person to continue in the defendant’s employ, and incapable of performing his duties under the contract during that period. 2. Failure of the plaintiff to perform his duties under the…
1Opinion of the CourtMorton, J.
The plaintiff entered the employment of the defendant under a written contract, which provided that he was to be its chief salesman at a salary of S3,300 per year from, on, or before April 22,1896, to the first Saturday of December, 1897. On December 7, 1896, the defendant terminated the contract and dismissed the plaintiff.
The grounds relied on in justification are, (1) dissipation, rendering the plaintiff an unfit person to continue in the defendant’s employment, and incapable of performing his duties between August 8 and 15, 1896, and (2) failure on the plaintiff’s part to perform his…
2Cases cited2 opinions
- Milligan v. Sligh Furniture Co.Michigan Supreme Court · 1897
- Freeman v. Inhabitants of BourneMassachusetts Supreme Judicial Court · 1898
3Cited by3 opinions
- Farmer v. First Trust Co.Court of Appeals for the Seventh Circuit · 1917
- Glidden v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1908
- Walsh v. John J. Walsh & Co.Massachusetts Supreme Judicial Court · 1937