Legal Opinion

Mason v. Gustin Hutchins & Co.

Supreme Court of Vermont

Decided February 15, 1860PublishedCited by 2 opinions

Book Account. The action was originally brought before a justice of the peace, from whose judgment it was appealed. The plaintiff’s account, was for the labor of his minor son, Albert., and the use of his horse and harness in the defendant’s service, and the debit side of his account as presented before the auditor, was less than one hundred dollars.

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Book Account. The action was originally brought before a justice of the peace, from whose judgment it was appealed. The plaintiff’s account, was for the labor of his minor son, Albert., and the use of his horse and harness in the defendant’s service, and the debit side of his account as presented before the auditor, was less than one hundred dollars. The auditor reported that in November, 1855, the plaintiff entered into a written contract with his son, Albert, in the following words. “Know all men by these presents, that I, Joseph Mason, of Newfane, in the county of Windham and State of…

1Opinion of the CourtPierpoint, J.

It is first objected, that this action ^^Ssfemqt^be, maintained in the name of the present plaintiff.

It appears that on the 21st of November, 1855, and before the accruing- of the accounts which this suit is brought to adjust, the plaintiff and his son, Albert Mason, then a minor, entered into an agreement by which the plaintiff was to relinquish his right to the services of his said son, during his minority, for the sum of twenty-five dollars per year, reserving a claim upon his wages to that amount, and the right to treat the whole as void in case the twenty-five dollars per year was not…

2Cited by2 opinions

  1. Cleveland v. RandSupreme Court of Vermont · 1916
  2. Dunn v. AltmanMissouri Court of Appeals · 1892

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