Hurley v. Bendel
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Lac Qui Parle county, Powers, J., denying a motion for a new trial, after an order granting defendant’s motion at the close of plaintiff’s testimony to dismiss the action. An assignment of wages to be earned under an existing contract of employment is valid. Likewise where there is no contract of employment for a fixed time.
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Appeal by plaintiff from an order of the district court for Lac Qui Parle county, Powers, J., denying a motion for a new trial, after an order granting defendant’s motion at the close of plaintiff’s testimony to dismiss the action. An assignment of wages to be earned under an existing contract of employment is valid. Likewise where there is no contract of employment for a fixed time. But an assignment of wages expected to be earned in the future, not based^ on an existing contract, is void. Mulhall v. Quinn, 1 Gray, 105; Lehigh V. R. R. Co. v. Woodring, 116 Pa. St. 513, 9 Atl. 58. But the…
1Opinion of the CourtBuck, J.
In the fall of the year 1893 the plaintiff entered into a parol contract with Chris Swenson and Albert Englekin, co-partners, whereby plaintiff sold and delivered to them a certain threshing outfit, upon condition that they run the same during the fall, and out of the gross earnings thereof plaintiff should have and be the owner of and collect the first $400 as the purchase price of said machine, and recover the same from the parties for whom said co-partners should do the threshing. They did so thresh during said fall, and in particular for the defendant, to the amount of $84, which sum said…
2Cited by8 opinions
- Gillette, Libby v. Murphy, Carroll, BroughSupreme Court of Oklahoma · 1898
- Watson v. GoldsteinSupreme Court of Minnesota · 1928
- Carlson v. StaffordSupreme Court of Minnesota · 1926
- Pacific Coast Co. v. AndersonCourt of Appeals for the Ninth Circuit · 1901
- Shove v. MartineSupreme Court of Minnesota · 1901
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