Maltby v. Harwood & Wells
New York Supreme Court
This action was brought to recover for work, labor and services, performed by the plaintiff for the defendants. It was tried at the Albany circuit in March, 1851, before Mr. Justice Parker.
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This action was brought to recover for work, labor and services, performed by the plaintiff for the defendants. It was tried at the Albany circuit in March, 1851, before Mr. Justice Parker. The complaint alledged that the defendants were trustees of the second family of Shakers in Watervliet, and as such were empowered to make contracts, and take apprentices, for the benefit of the family; that in April, 1889, the plaintiff, being then ten years old, was by his own .consent and that of his parents, and by mutual agreement between them and the defendants, placed and bound an apprentice to the…
1Opinion of the Court
By the Court,
Harris, J.
The theory of the plaintiff’s action is, that the indenture of apprenticeship being void, the relation of the parties is the same as if no attempt had been made to bind the plaintiff as an apprentice; and that, this being the case, the defendants are liable upon a quantum meruit, for the plaintiff’s services.
It seems to have been assumed by the parties in their pleadings, and also upon the trial, that the plaintiff’s father was still living. It was because the father was living and had not consented to the binding of the plaintiff, in the manner prescribed by law, that…
2Cases cited6 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Jenison v. GravesIndiana Supreme Court · 1831
- Fitch v. PeckhamSupreme Court of Vermont · 1844
- Griffin v. PotterNew York Supreme Court · 1835
- Tillotson v. McCrillisSupreme Court of Vermont · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Keller v. StuckNew York Surrogate's Court · 1880
- Hickam v. HickamMissouri Court of Appeals · 1891
- In re the Estate of RyderNew York Surrogate's Court · 1890
- In re the Estate of RyderNew York Supreme Court · 1891
- Mather v. Eureka Mower Co.New York Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.