Legal Opinion

Crombie v. McGrath

Massachusetts Supreme Judicial Court

Decided June 24, 1885PublishedCited by 1 opinion

Contract upon a promissory note for $129, dated April 22, 1882, payable to the plaintiff or order, and signed by the defendant. Answer, want of consideration.

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Contract upon a promissory note for $129, dated April 22, 1882, payable to the plaintiff or order, and signed by the defendant. Answer, want of consideration. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: On April 16, 1880, the defendant, the defendant’s son, and one John L. Connolly entered into a written agreement, not under seal, by which the defendant bound his son, with his assent, to Connolly, until March 1, 1883, to learn the art of wood-engraving, and Connolly agreed to teach him the art, and to pay him a certain sum weekly…

1Opinion of the CourtW. Allen, J.

The only question is, whether there was any evidence of consideration for the note declared on.

The contract, though not a statutory indenture of apprenticeship, was valid between the parties to this suit; and, under it, the plaintiff had a right, against the defendant, to the services of his minor son. Day v. Everett, 7 Mass. 145. Lobdell v. Allen, 9 Gray, 377, 381. Caden v. Farwell, 98 Mass. 137. The release of the right to such service was therefore a sufficient consideration.

Besides, the son was in the actual service of the plaintiff, and the condition of his leaving that service and…

2Cases cited2 opinions

  1. Day v. EverettMassachusetts Supreme Judicial Court · 1810
  2. Caden v. FarwellMassachusetts Supreme Judicial Court · 1867

3Cited by1 opinion

  1. Putnam Machine Co. v. MustakangasMassachusetts Supreme Judicial Court · 1920

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