Wolfe v. Howes
New York Supreme Court
THE plaintiff’s testator and the defendants, on the 1st day of May, 1852, entered into a written agreement as follows: “ Memorandum of an agreement made this day between Howes, Scofield The defendants were glass manufacturers at the Dunbarton Glass Works, Oneida county.
Read the full summary
THE plaintiff’s testator and the defendants, on the 1st day of May, 1852, entered into a written agreement as follows: “ Memorandum of an agreement made this day between Howes, Scofield The defendants were glass manufacturers at the Dunbarton Glass Works, Oneida county. Yache was a manufacturer of pots to melt glass in; he entered into the emploj^nent of the defendants, under the agreement, on or about the 1st; of May, 1852, and continued until the 7th of December following, when he became sick and incapable of further performance. He died in May, 1853. This action was brought by his executor…
1Opinion of the Court
By the Court, Hubbard, P. J.
The written agreement under which the labor was performed plainly contemplated the *175personal service of the decedent. The pot room work in a glass establishment requires skill and experience. The decedent possessed these qualities, and for his personal service in that business the defendants engaged to give him $40 per month. It is apparent therefore, that the decedent could not have performed his contract by procurement, or in any manner except by his individual service. It is true that by the terms of the agreement, full performance of the year’s labor is made a…
2Cases cited6 opinions
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Sickels v. PattisonNew York Supreme Court · 1835
- Carpenter v. StevensNew York Supreme Court · 1834
- Linningdale v. LivingstonNew York Supreme Court · 1813
- Reab v. MoorNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Spalding v. . RosaNew York Court of Appeals · 1877
- Griffith v. Blackwater Boom & Lumber Co.West Virginia Supreme Court · 1904
- The People v. . TubbsNew York Court of Appeals · 1868
- Beiner v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Hart v. MyersNew York Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.