Kelly v. Sprout
Massachusetts Supreme Judicial Court
Contract for five hundred dollars bounty money to which the plaintiff became entitled as a soldier, but which was received by the defendant. The facts were agreed in the superior court, and judgment was entered there for the plaintiff, and the defendant appealed to this court.
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Contract for five hundred dollars bounty money to which the plaintiff became entitled as a soldier, but which was received by the defendant. The facts were agreed in the superior court, and judgment was entered there for the plaintiff, and the defendant appealed to this court. It appeared that the plaintiff was indentured as an apprentice to the defendant by the overseers of the state almshouse at Monson, in 1859, and that the indenture remains uncancelled, unless it has become null by the following facts: In 1865 the plaintiff, being about fifteen years of age, became desirous to enlist as a…
1Opinion of the CourtFoster, J.
The apprentice entered the military service by his master’s consent, as the agreed facts expressly state. This court has held that the earnings of a minor apprentice on a whaling voyage, which he had performed with his master’s consent, belonged to the apprentice himself, and not to the master. The master’s right to the services of the apprentice are suspended when he undertakes to assign him to the custody and *170control of another, and payment of the wages for such services, made by the third party to the master, is no defence to an action for them by the minor. Randall v. Rotch, 12 Pick. 107.…
2Cited by8 opinions
- Iowa v. McFarlandSupreme Court of the United States · 1884
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
- Halliday v. MillerWest Virginia Supreme Court · 1887
- Holt v. HoltSupreme Judicial Court of Maine · 1871
- Mears v. BickfordSupreme Judicial Court of Maine · 1867
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