Stroud v. Frith
New York Supreme Court
This was an action brought by the plaintiff, an infant, by his next friend, against the defendant, for breach of covenant, for not having taught the plaintiff, who had been bound an apprentice to him, the trade of a cabinet maker. The facts of the case are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court,
Mitchell, J.
The plaintiff sued the defendant on a covenant, by which the defendant bound himself to use the utmost of his endeavors to teach the plaintiff the trade qf a cabinet, and mahogany door-maker. The covenant was not to teach him the trade, but to use his utmost endeavors to do so; and the proof that the defendant had done this, (so far as his own trade was concerned,) is too strong to justify the ■court in setting aside the verdict as against evidence. This leaves open the question, whether the plaintiff’s trade came within the description of trade contained in the…
2Cited by2 opinions
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