¶1The boy was living with the plaintiff, and xxnder his control; he was prima facie his servant. As such, he had a right to hire him out. The person contracting with the employer, and receiving the benefits, cannot call upon the person with whom he made his contract to show the right. The court erred, and the judgment must be reversed with costs and remanded for further proceedings.
1 Wright 330
Lowry v. Button
Decided June 15, 1833
Ohio Supreme Court · decided 1833-06-15
The writ below was assumpsit itpon the special promise of the defendant, for the hire of a boy then living with the plaintiff,'.’under his control, though he was neither his parent nor guardian;1: The court below instructed the jury that the plaintiff was not entitled to recover, unless he could show a legal right to the services of the boy, and that the mere fact of his residing with him under his control, did not, with the contract of hire, constitute a right to recover.
Decided 1833-06-15