James v. Le Roy

Decided August 15, 1810

New York Supreme Court · decided 1810-08-15

THIS was an action of assumpsit, for work and labour of the plaintiff, performed by his apprentice, in navigating a ship, called the Maryland, belonging to the defend-ants? on a voyage from New-York, round Cape Horn, whence to Canton, and back to New-York. ’ The cause was tried before Mr. Justice Yates, on the 14 th day of December, 1809, at the New-York Sittings, The apprentice, Thomas Shea, was bound to the plaintiff, by indentures, for a term, of which about two years…

Good law ✅— No negative treatment on recordhow we know

Decided 1810-08-15

How this case has been cited

Cited by 5 later decisions — most recently June 1860

1 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1This is the case of an apprentice, employed by the defendants, without the consent or knowledge of his master. The master is entitled to his earnings, whether the defendants did, or did not know that he was an apprentice. (1 Vez. sen. 83. 48. 1 Salk. 68. 1 Comyn on Contracts, 224, 225.) In case of a hired servant, the employer must have notice, to make himself answerable; (2 Lev. 63. 1 Black. Comm. 429.) The decision, at the circuit, was correct, and the motion for a new trial is denied.

¶2Rule refused.(a)

¶3 See Hurg. note (1). Co. Litt. 117. a.