Jenks v. Dyer
Massachusetts Supreme Judicial Court
Trustee process on an account annexed for the price of groceries sold to the principal defendant. In the superior court she was defaulted; Henry King & Son, copartners, summoned as trustees, disclosed in their answer that on June 20, 1868, at the time of the service of thé writ on them, they owed her $273.33, “ said sum being due to her for board and lodging furnished by her to said trustees; ” and Charles P. Field was admitted to claim the- credits thus disclosed, by force…
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Trustee process on an account annexed for the price of groceries sold to the principal defendant. In the superior court she was defaulted; Henry King & Son, copartners, summoned as trustees, disclosed in their answer that on June 20, 1868, at the time of the service of thé writ on them, they owed her $273.33, “ said sum being due to her for board and lodging furnished by her to said trustees; ” and Charles P. Field was admitted to claim the- credits thus disclosed, by force of an instrument in writing, dated April 24, 1868, in which she, “ in consideration of present indebtedness,” and of his…
1Opinion of the CourtWells, J.
We are of opinion that the word “ earnings,” in the St. of 1865, c. 43, § 2, was used for the purpose of embracing a larger class of credits than would be included in the more common term “ wages.” It involves' the idea of compensation for services rendered, but is not limited to gains from merely personal labor. Money due from time to time from an employer to a third party, for board and lodging of his workmen, is in the nature of compensation for services rendered to such employer. It may involve, to such third party, expenditures for provisions, house room and other matters besides labor.…
2Cited by15 opinions
- Derinza's CaseMassachusetts Supreme Judicial Court · 1918
- Kendall v. KingsleyMassachusetts Supreme Judicial Court · 1876
- Federico's CaseMassachusetts Supreme Judicial Court · 1933
- Arey v. George Associates, Inc.Massachusetts Supreme Judicial Court · 1937
- Somers v. KeliherMassachusetts Supreme Judicial Court · 1874
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