Legal Opinion

Bull v. Follett

New York Supreme Court

Decided October 15, 1825Published

Covenant on indentures of apprenticeship, tried June 16, 1824, at the Ontario Circuit, before Throop, C. Judge. The' indenture proved at the trial was thus : “ This indenture, made the 7th day of April, A. D. 1816, witnessed!, that F. M. Follett, a minor, aged 15 years, the 1st February, 1816, of his own free will, &c. with the consent of N. Follett, (the defendant,) his guardian, doth, by these presents, bind himself to J. Bull, (the plaintiff,) to learn the trade, &c. of a…

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Covenant on indentures of apprenticeship, tried June 16, 1824, at the Ontario Circuit, before Throop, C. Judge. The' indenture proved at the trial was thus : “ This indenture, made the 7th day of April, A. D. 1816, witnessed!, that F. M. Follett, a minor, aged 15 years, the 1st February, 1816, of his own free will, &c. with the consent of N. Follett, (the defendant,) his guardian, doth, by these presents, bind himself to J. Bull, (the plaintiff,) to learn the trade, &c. of a hatter, Sealed, &c. J. Bull, [l. s.J F. M. Follett, [l. s.] N. Follett. [l. s.]” The plaintiff declared against the…

1Opinion of the Court

Curia, per Sutherland, J.

In Mead v. Billings, (10 John. 99,) the terms of the indenture were, “ that for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other. In witness, <fcc. interchangeably set their hands and seals, &c.” And it was executed by the master, the father, and the apprentice. The father was there held to be bound for the son, and to be responsible in an action of covenant for the son’s act, in leaving his master before the expiration of the term. Here, the terms used are, “ for the true…

2Cases cited3 opinions

  1. Blunt v. MelcherMassachusetts Supreme Judicial Court · 1806
  2. Ackley v. HoskinsNew York Supreme Court · 1817
  3. Mead v. BillingsNew York Supreme Court · 1813

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