Dubé v. Beaudry
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, to recover a balance of wages alleged to be due to the plaintiff from the defendant. Trial in the Superior Court, without a jury, before Lathrop, J., who ruled that the plaintiff was not entitled to recover, and found for the defendant; and reported the case for the determination of this court. If the ruling was erroneous, a new trial was to be granted; otherwise, judgment was to be entered for the defendant on the finding.
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Contract, upon an account annexed, to recover a balance of wages alleged to be due to the plaintiff from the defendant. Trial in the Superior Court, without a jury, before Lathrop, J., who ruled that the plaintiff was not entitled to recover, and found for the defendant; and reported the case for the determination of this court. If the ruling was erroneous, a new trial was to be granted; otherwise, judgment was to be entered for the defendant on the finding. The material facts appear in the opinion.
1Opinion of the CourtField, J.
The plaintiff, a minor, with the assent of his mother, agreed with the defendant to work for him for eight dollars a week, one half to be paid to the plaintiff, and the other half to be applied by the defendant to the payment of a debt due to the defendant from the estate of the deceased father of the plaintiff. The judge, who tried the case without a jury, found that the plaintiff’s services were not worth eight dollars a week for the first part of the time he worked, but “ were worth eight dollars a week for the whole time.” The plaintiff’s pay was raised from time to time, and, after he…
2Cases cited10 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
- Sparman v. . KeimNew York Court of Appeals · 1880
- Walsh v. YoungMassachusetts Supreme Judicial Court · 1872
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3Cited by6 opinions
- Knudson v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1918
- Gillis v. GoodwinMassachusetts Supreme Judicial Court · 1901
- White v. New Bedford Cotton Waste Corp.Massachusetts Supreme Judicial Court · 1901
- Benson v. TuckerMassachusetts Supreme Judicial Court · 1912
- Carpenter v. GrowMassachusetts Supreme Judicial Court · 1923
1 more not listed; retrieve them via the Exa API.