Pray v. Gorham
Supreme Judicial Court of Maine
Exceptions, taken by the defendant. Assumpsit by a minor, to recover for several years labor, rendered by him whilst between eight and seventeen years of age.
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Exceptions, taken by the defendant. Assumpsit by a minor, to recover for several years labor, rendered by him whilst between eight and seventeen years of age. The defendant introduced evidence tending to show, that the plaintiff’s father being dead, his mother with the consent of the plaintiff, then under eight years old, contracted that the plaintiff should serve the defendant till twenty-one years of age, for which the defendant was to provide food, clothing, and schooling, and, at the close of the term, pay the plaintiff a specified sum of money; and that the plaintiff left his employ long…
1Opinion of the CourtSherley, C. J.
By statute of 1821, c. 170, § 1, and as revised, c. 90, §, 1, children under the age of fourteen years may be bound as apprentices or servants until that age, by the mother, after the death of the father. But this power ceases on her subsequent marriage, c. 88, § 4. While the power exists, it can be exercised only according to the provisions of the stat*242ute, by an indenture of two parts, signed by both parties, c. 90, § 3. While the mother, after the death of the father, remains unmarried, she is entitled to the care and education of her minor children, c. 110, § 5; but this does not authorize…
2Cases cited1 opinion
- Commonwealth v. MurraySupreme Court of Pennsylvania · 1812
3Cited by8 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Abeles v. BransfieldSupreme Court of Kansas · 1877
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
- Magee v. HollandSupreme Court of New Jersey · 1858
- Hollingsworth v. SwedenborgIndiana Supreme Court · 1875
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