Hoar v. Clute
New York Supreme Court
IN ERROR; on certiorari to a justice’s court. The defendant in error brought an action in the court below, against the plaintiff in error, for work and labour, and upon an order dráwn by the defendant below, in favour of the plaintiff below, upon Ann C. Hoar, dated March 22d, 1817, for 15 dollars.
Read the full summary
IN ERROR; on certiorari to a justice’s court. The defendant in error brought an action in the court below, against the plaintiff in error, for work and labour, and upon an order dráwn by the defendant below, in favour of the plaintiff below, upon Ann C. Hoar, dated March 22d, 1817, for 15 dollars. The plaintiff below proved the presentment of the order to the drawer, who refused to pay it, and that the payment was afterwards demanded of the defendant, who refused, alleging that the plaintiff had run away or left his service. The defendant produced a contract, entered into between the…
1Per curiam
The judgment must bp affirmed. It was in proof that the plaintiff had laboured for the defendant between two and three months, and the amount recovered was not more than an adequate compensation, according to the rate agreed on for the year. The contract, it is true, was for a year, but the circumstances disclosed by the evidence afford a reasonable presumption that such contract was rescinded, and that the plaintiff quitted the defendant’s service with his consent. The order for the fifteen dollars bears date the very.day on which he left the defendant, and no complaint appears to have been…
2Cited by6 opinions
- Kephart v. ButcherSupreme Court of Iowa · 1864
- Knox v. GerhauserMontana Supreme Court · 1878
- McIlvaine v. WilkinsSuperior Court of New Hampshire · 1841
- American Luxfer Prism Co. v. Bartolicius Star Iron Works, Inc.Appellate Terms of the Supreme Court of New York · 1915
- Barnet v. SmithSuperior Court of New Hampshire · 1855
1 more not listed; retrieve them via the Exa API.