The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-24
Marine Court.
Bafora Judge Smith.


MARCH 23.-Samuei Pate vs. Robert Dsnlap.-This was
SUIT brought for the recovery Of three months ssrv
ss ana
the month Of February 1885, the defendant agreed with
the plaintiff for one years services at SIS per month
including board and washing, and that he was to com.
mence work two weeks fron the time Of making the
contract He did commence, and remained in the en-
being dissatisfied he left hi. service He now sues for
the recovery Of three months services and the defen-
dant sets up plea that inasmuch as tn; the
he csnnot recover To rsbut this position,
void because comes within the section Of the statute
OF frauds declaring void oil agreements which by their
making thereof unless such agreement BE- made in writ
in and this contract being for year, and to CON-
ence fortnight ser the making Of it, and not being
in swrinx Is therefore, void, and the plaintiff 10 enti
tied 70 for his months services the same
as il no contract were msde-to wit, upon quanium
His honor the Judge thought that this contract
comes within statute above cited, and 10 void as
not to be completed within year from the making
thereof His honor further decided that in his opinion
there was no case in this country that gives this
Of the statute this construction but in where
the section Of the statute Of frauds nearly similar to
ths difference being, that in England the party
cannot sue such agreement, and in this country
the agreement declared absolutely void the court
timed ts position a. we'll other eminent judges in
hereafter referred to- The Of Smelling vs.
Lord Huntinssld in st Crc% Mes. and Roscos re-
from The s4,s Ii ii. same mouth In that Lord
Lyndhurst says " The question ID at what time the
contract was made for ii it were made the 20th Of
July, and for years service to commence on the
oath Of July, il was not contract to be performed
within a year, upon which, by the 4th section Of tee
statute action could be made being an sgree-
ment not to DO performed within ono year from the
making thereof" The word performance" used 10 the
Frauds complete and not partial per
Torrance and contract for years service, to com
day subsequent to the making Of the contract
Is void unlefs in writing. Bracegirdie va Head. B.
and AL 7as; Boydeli vs. Drummond, II East reports:
I42; Birch Liverpool. Barn and Cress 1872 and
also Shute Dorr 9th Wendell 204, sustain this view
OF the case Judgment for the plaintiff sixteen dollars
and 6ty cents with costs, being the balance claimed
after deductng certain payments made to the plaintiff
Before Judge Waterman.
.4ssau't end Battery the High Ssos--Wm SMITH w..
VIM s Wilson and Benjamin Bnrton-This was an ac-
ton brought damages for frequent alleged as
sauts and battery upon the person Of the plaintiff
the second mate he rst named deiendsn Of the bark
Inca which sailed from the port of Baltimore in the mid
die Of last April The second Of these defendants s the
master Of ssd VESSEL and Is urged that he did not
interfere or cause the suspension Of his subordinate in
his alleged brutality of conduct he becomes personally
liable in this instance y however, appeared that the
Captain reprimanded Wilson for the arbitrary exercise
Of his authority upon different occssons and that
subsequently no farther difficulty occurred Verdict