Legal Opinion

McDonald v. Montague

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 3 opinions

Assumpsit for tlie labor of the plaintiff’s minor son, in the service of the defendant. The case was referred, and the referee reported as follows: The plaintiff, who lived in Jacksonville, sent his minor son to one Martin, in Bennington, with directions to Martin to hire him out at his discretion.

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Assumpsit for tlie labor of the plaintiff’s minor son, in the service of the defendant. The case was referred, and the referee reported as follows: The plaintiff, who lived in Jacksonville, sent his minor son to one Martin, in Bennington, with directions to Martin to hire him out at his discretion. Martin hired the boy to the defendant for nine months, with the agreement that the defendant should pay five dollars per month for his labor, and should school him during the three remaining months of the year. The boy remained with the defendant during the nine months, and lost nine days in that…

1Opinion of the Court

The opinion of the court was delivered by

Aldis, J.

The plaintiff sent his minor son to one Martin, in Bennington, with direction for Martin to hire him out at discretion. Martin hired the son to the defendant for nine months, at five dollars per month, and the defendant was to school the boy the three remaining months of the year. The defendant might discharge the boy if he did not like him.

It is claimed on the part of the defendant, first, that the report finds that the defendant discharged the boy, and made a new contract with him to work for one year for forty dollars; and that as the terms…

2Cited by3 opinions

  1. Raipe v. GorrellWisconsin Supreme Court · 1900
  2. MacFarlane v. Allan-Pfeiffer Chemical Co.Washington Supreme Court · 1910
  3. Ballard v. St. Albans Advertiser Co.Supreme Court of Vermont · 1880

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