Libhart v. Wood
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county! Charles A. Wood for use against Jacob Libhart. This was an action of assumpsit by the plaintiff, who was a servant on board a packet-boat on the canal, commanded by the defendant, to recover his wages for seven months’ service.
Read the full summary
ERROR to the Common Pleas of Dauphin county! Charles A. Wood for use against Jacob Libhart. This was an action of assumpsit by the plaintiff, who was a servant on board a packet-boat on the canal, commanded by the defendant, to recover his wages for seven months’ service. Upon the plea of payment, the defence was, that during the period for which the plaintiff was employed, he committed a larceny of a passenger’s trunk on board of the boat, for which he was arrested and convicted. The proof was as follows: It is admitted, after the assignment, Wood was convicted of larceny (in this court), oh…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
When a servant, who has engaged for a certain time at certain wages, is turned away by his master before the period for which he has engaged to serve has expired, and his dismissal be in consequence of his own misconduct, he will be entitled to no wages; for his faithful service is a condition precedent to his right to wages, and that condition, in the case supposed, he has not performed. But if his dismissal be unjust, the master can not, by his wrongful discharge, prevent the servant from recovering a compensation for his services. Thus the…
2Cited by8 opinions
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
- Hahl v. KelloggCourt of Appeals of Texas · 1906
- Peterson v. MayerSupreme Court of Minnesota · 1891
- Sundland v. Korfund Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Bixby v. ParsonsSupreme Court of Connecticut · 1882
3 more not listed; retrieve them via the Exa API.