The New York herald., 1845-10-12
Marine Court.
BAfOra .Jud0a Smith


Marine Court.
Before Judge Smith.
Der. H. Gosling vs. Koppleman -Judge's Opinion -
against the defendant damages for
harboring and hiring plaintiffs servant Goslng hired
one as baker and carver in his
months previous notice not given, Brenner was to
be considered bound to another year. Before
the expiration OF the term of service, Brenner left Cos
ling and after trying Intellectually to get place wss
by defendant who also keeps eating house,
Gong gave defendant notice after he had hired Brsn
defendant he would hOd him snswerabie ifhs employsd
than waa not re-" IN TINS case
ing and hiring after notice. and question is car suoh
an action be maintained It has been held in England.
in the case of Fawcet against Beavres and wife Trim
"a; Car IL in B R. Levng's reports page So, which
was similar to this That the actien lies without
incitsment they having notice that he the hired
servant Of another" 1t does not appear whether this
action founded upon statute or the common law.
276 the court deciding whether this action would
lie for haIboring an apprentice whore notice
given says the master s entitled to his earnings wheth
er the defendants did did not know he appren
tce In of hired servant, the employer must
have notice to make himself answsrable" In Backst.
Com vol lst page 429, the commentator remarks. al
If hire retain my servant being IN m, SER
vice. for which the servant dspareth from and goes
to serve the other, may have action of damages
them but if the master did not know he my sSf-
want no action es unless he afterwards refuse 70 re-
store him upon information and dsmando In te case
Of Blake Sanyo on, 9Th T. r 222, the codft says-
"An action will lie for receiving continuing to on
ploy the servant OF another after notice"
"A person who contracts with another to do certain
piece of work for him. the servant Of that other till
ao % hs sna no other can employ
Of keeping his former service" These s aspssr to
different doctrine is held in the Of Aaan. and
Baseald's Mich 83 Elizabeth, in Kings Bsneh,
Leonards Reports page 2as the cpse is thus
An action upon the brought and the plainti1
declared that where such oae his servant de
his service. without cause or license the defendant
knowing him to be his servant did retain him in his SER
vice, and SO kept him. Idnf<id-The action doth not
lie for my servant depart out Of my service and
other doth retain him. action doth lie com.
mon law II he do not procure him to leave my service
and afterwards resin him, Immediately taksth him
any statute. Gaudy-The action lyeth for his damage
and wrong done to the plaintiff for
upon the statute It is good plea to say for tas de-
fendar that the party vagrant the time of as
taner and the (seiens doth alter the mattsr TIE
doctrine in this last because tho action a not
founded upon statute and the wrong in the d6par
ture the act Of the hmself and the rs.
taner BY the defendant the action does not lie This
decision is thus commented upon by eminent
sellor; in case similar to this he says it's founded
upon clear reasoning fully stated as it fol from the
Judges seatim by The learned and accurate reporter
u affords high evidence Of the law. Sir Edward Sug
den says that Leonard's Reports always in high
esumation on powers. Page IL. Lord nottingham 10
the Duke OF Norfoks case, 81 CHI Cases al says that
Leonard Of all the books that have lately co ne out
ner who concurred in this judgment for more thar
twenty years Judge Of the Court, and Tan6eld. ar
the Judges Es: .surv and emf
ed to the Chief Justices :sal In Common Pleas
IN an anonymous case, reported in Kelway, lso dis
dant by which the servant is taken from his master
service, and the voluntary harborng Of servant VIII
ter the three judges agree that no action lies 18th
PLAINTIFF says the court, may well say he had ba
servant but he has not action against harbore
n n Of otnoru 1ov ksu
question arises, this action be maintained BY tn
common law2 We have seen by the authorities abo-
II We weigh the authorities should feel dispose
20 decide IN favor those against maintaining the
non, as entitled to the most Difference But Il all hs
cases had been decided in favor of sustaining this
still we think we would be warranted in ovsrookiI
mem. because the spirit and genius of our governme
aud its institutions are Numerically opposite TO those
Great Britain. In this State know, all men
created equal and that they endowe by their Gre
tor with certain inaenable rghts-among these are liz
liberty and the pursuit Of happiness We hold too th
men have the right to pursue their business As tho
please pr Sc, and where they please, as long as thu
respond personally for any breach OF contract
II we establish the principle that this action can be ms
to sell himself into slavery and If he can do it 10
year he can do 1t for lie. Man in this State is
perry ana cannot be bought and sold, or morgaged
such-he cannot, therefore, mortgage himself, Let
see what would be the consequences of carrying
the principle con.ended for by the plaintiff in th sn
stipulated sum per annum; after short service he
comes disappointed and quits. What ia the employe
remedy-he can sue the employed for damages con
guent upon breach Of his contract-but can ne CEN
the man to return to him and labor for him-no eve
court OF Chancery would compel return Of the empl
ed That Court in q case where the manager of th
tre had employed certain actor for specified te
alter he had contracted for the period with anQt
manager, refused to grant injunction either aga
me actors appearing, the managers employ ing Y
Ham6lin vs. Dinnetord, . Ed. CHI Repss. D. sac 10
restrained them, would have bean creating the rea
OF lord ana villien, relation which never be 10
ttsd 10 State on whose soil the most object slave
comes Tree the moment he touches it--a State wher
nan can become slave unless he makes himself sot
principle Recognized by oil civilized nations. to wit
commission oil crime, whereby he foriets his freec
our Legislators have for long series OF years thoi
oper 20 retain the Law again., usury upon the prin
give any amount demanded for loan. If we sh
maintain the principle that has a right to sell
self, there woul be much greater Necessity for
ate combining the duration Of such agreement nts thai
those limiting the per centage shall receive OF
loon OF his money. For despair would often makes
sell his body-and were it possible, his soul-for
cheney to sustain his famishing family. The fact
here cannot be found among any Of eur reports any
,ctons as this, sustained, attempted 10 be, isl
evidence that the public opinion among tho proe
mas been that 1t could not lay. therefore Eivsj
nent for the defendant.
Superior Court.
Before Judge vsnderpoel.
OCT. ll-Rsdm0nd rs. Whcefsr-- In this uAse, air
noticed the jury found for plaintiff So 49l 81 with
.a,roidson, Us. Ropeje et ais.-Ths Jury in this
ilready noticed rendered a verdict for defendant
yya ~ T..tk