Hartley v. Tapley

Decided November 15, 1854

Massachusetts Supreme Judicial Court · decided 1854-11-15

Scire facias against the defendant as trustee of John McGuire. The defendant, being examined under oath, disclosed as follows: “ There was due from me to McGuire, on the 3d of September 1852, $26.13 for his, wages previously earned. McGuire was in my employ from that time till the 8th of October 1852, the time of the service upon me of the original process in this case. He worked by the piece, and his wages per month varied. There was no fixed price per month.

Cited by 2 later decisions — most recently January 1912

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-11-15

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By the Court.

¶1This question has very recently been under the consideration of the court. The rule is, that wages to be earned under an engagement existing at the time of giving the order are assignable; but not money to be earned hereafter under a new engagement. Emery v. Lawrence, 8 Cush. 151. Mulhall v. Quinn, 1 Gray, 105. The particular fact that the workman was employed to work by the piece does not affect the general fact that he was uninterruptedly in the employ of the defendant during all the time in question.

¶2Judgment for the defendant