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1 Wend. 514

Marsh v. Rulesson

New York Supreme Court

Decided October 15, 1828

New York Supreme Court · decided 1828-10-15

Error from the, Schenectady common pleas. Rulesson sued Marsh in a justice’s court, and on a trial by jury, ob(ained a verdict and judgment. Marsh appealed to the Sche- , , J , ... . , nectady common pleas.

Cited by 2 later decisions — most recently April 1855

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1828-10-15

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¶1By the Court,

Savage, Ch. J.

¶2The plaintiff below violated his contract. The half month’s service was a condition precedent to be performed, before payment for the services could be demanded. The defendant, in point of fact, did not turn the plaintiff away, though his language was extremely improper. Perhaps the master would be justifiable in turning away a servant without compensation, who refused to obey his lawful and reasonable commands. I think he would; but that point it is not necessary to decide. The plaintiff went away without cause, and was not entitled to recover.

¶3Judgment reversed.

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