Tillotson v. McCrillis
Supreme Court of Vermont
This was an action of assumpsit for money had and received. — Plea, General issue. On the trial of this case in the county court, the plaintiff gave evidence tending to prove, that in the summer of 1834, he being then nineteen years of age, his father, Joseph Tillotson, told him that he might go to work and have his wages. He labored for others that summer, and took his pay.
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This was an action of assumpsit for money had and received. — Plea, General issue. On the trial of this case in the county court, the plaintiff gave evidence tending to prove, that in the summer of 1834, he being then nineteen years of age, his father, Joseph Tillotson, told him that he might go to work and have his wages. He labored for others that summer, and took his pay. In September he went to work for one Cutler, for whom he labored about six weeks, and on Cutler’s inquiry of Joseph Tillotson, he was directed to pay plaintiff the amount of his wages. The plaintiff purchased of Cutler a…
1Opinion of the CourtCollamer, J.
The steers, out of which this controversy *480arose, were undoubtely the property of the plaintiff. That a father may give to his infant son his time, who thereupon will be entitled to the fruit of his earnings, has been fully decided in this state. There can be no reason why he may not give him a part of that time. In this case, the plaintiff’s father gave the plaintiff his time, and he earned these steers. This was not attempted to be disproved. The showing that for earnings of an after date, the plaintiff’s father took pay, does not tend to disprove the fact, of the plaintiff’s having his own…
2Cited by7 opinions
- Lyon v. BollingSupreme Court of Alabama · 1848
- Maltby v. Harwood & WellsNew York Supreme Court · 1852
- Bray v. WheelerSupreme Court of Vermont · 1857
- Hammond v. CorbettSupreme Court of New Hampshire · 1871
- Burlingame v. BurlingameNew York Supreme Court · 1827
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