New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-03-07
LAW LT'ELLIG ENCE.
srPREmE CoURr-srEeI,t Tssx

MITCHELL J-On TIE 25ih of June, 1851 an agreement
was made between Besle of the first part and John Henry
ardwell of the second part whereby Beas agreed to
procure for Wadwel the exclusive services of Catherine
Hayes and others sing four concerts every week for
three months in the United Sta On the l2th Of July
following, Wardwel ASSIGNEE his interest in the agres
rent TO Joseph Wsrdwel. On the lith Of September
1884, Miss Hayes and the other singers began to perform
in New York but she did not and would not sing
after the 9th day Of November of taat year Ga the 18th
Of November Joseph Wardwen assigned to the plaintiff
the said ,gre, and oil claims arising under it, The
agreement provided that 1000 sterling should be paid
lquidated damages for any bre,ch of the agroepent
The plaintiff now sues for that amount, anu the de-
PENDANT denurs.
The question whether contract for the services of
anohr assiguabe has generally arisen in relation to
apprentices
bind the prentice but that the assignment be msdo
and acted and the apprentice serve out his time, 50
that the benefit his services under the assignment OBJ
s Sy oe S he srsd9 Il. .san:a
e9d eorepsy the pFfsnIes rec. 1'ia' ~ ,,s % nm a'
object Con $50 ovsrseers Of Hanover
Knox There are diets th. sthopsh .n sppreacs
not & & teT NE eG snail have the .eTrs. >,
,TS Is Cow soa 81 ysS Ab ApprsnSs
fiose a ~ are eOree, with certain quliicstcn..
T. tie . Be Issss IG os to the ssI IF
tter contract h been reeised q each ssa the 81 u
s.iI.e had paid the sad the sr.ei.
ofte srprentes net rendered noL o6.9n would r...
io' the sssisnoI to refund the s1oInt paid ana
the cuu,iderstion ofthe sssisnraent
no pfSof 'hst he did not 70 Continue to p.
to his la'' n.T ,as.T res %
ih BOY sioad leave after ,ervins of his
rim Tor biz remedy compelled pay s that he rs. szd
toray 'here wOnli be only aris "a ,on To
M s SGT F sf s'n las G@ S me %
IN sprrcuiice rot sey ssssnsble ssble he
continue with the consent Of q, parties and biz ows eona
sr being VITA him nearly one ysI ou Of hree
So mora AZ N. exoirson Of tho drs year and
So the held that the assirnor could not
assguee housh the assignee assumed
ths l cfthe apprentice .bcondaz Mas a9 Dayv barn
siyes h as,. apprentice snd that gives as be-
tween he contracting p,e. except 50 M S II perothe, oa
that so far it's performed gives 10 all parties "a. same sn
The srwnt were 'd in ell r,spees 50 aG on the ss.'s .,
VICES Of the m,nn action against one
who he'd entered into bond conditioned for the su perform
the Contained tbs ndensue
sppIenteeshp -(s 1853 Baxter sc Blrded( The Cont
ms on the s,eI, h. be understood
ouly ftbs hoy continue to an apprentice ,..,
uud i i :t.a ss BY The asher G Lid AID
20 s c, r.r bo .hl5er Inc sppon sn
h BY oflaw Of ind'tlls % Moss g. quoting II Waugh
IN The sst ron 5.nrs the Chief Justice delivering the uuau
,soon otbe Court said The tindns Of the apprentice
Of s an 10 a words ss eSnasa 50 the
h' eorset for t fauc.ry s1a sGe lad bond 9" per
II this csse to- With waawelI pe,,a
ally with his administrations or s"sus ana ,h.
have been intentional While the sspses Of are neysr
indicates the ntenton Of the parties to h- ae
hon Bss .srees 60 proyide for Sir w.dwe the exclusive
vices Nil Catherine syes for hlee months" With tho option
Dr. Wsdwell part Proonsng t ensgemnt F tis i'aef
i've one olSs boiee AM Mr. Warise Is % b 10
NJ ~ WI. az, 20 nav he Whole Of the trsye ax sad
ray to Dir Beass representative tie esnated expense OF re-
meBt" end in her parts Is shown that hr Bse zh act By
representative, but representative Of Mr. '" ever 81
The eorao, svs, ~ the half Of the OF
Mr Beaes representative every facility for user
I.n the Of e each oy 'ogas
court o. al te.s sIo'sd Of NJ W. Hr ~, hs 'u' &c
Mis- 40 iy o 10 o, eoHa not s
Performed except through one who "" IN ehec n agent o
ierd hon 81 willing 20 eODide arrangement maze oi
whole Ct uausacton such that n.ther party
would into but for The personal rn be or she might have Ia
Beas Od be liberty substitute sn}body f}r Via,
her friend agent; 70 contract with hr ths she
would ior FOR M men wG.a p,1s 20 5 s
he ,houd oTm Tor sno'hs' for the "snee oil MI And
it,Is Could sIsam.n ;hIe could any nan,st of
f DO matter whai might be his na;ionsy his tempsr
character equations whsther he were lbs, ne or ,a
public exhibitions depised by all One who va liberia IN
extort ID. N tic hns that the law wOald allow
ho would brow hsi weaknesses and excuse tnsn OF VA od
tam penalty wheh the bond posi for any breach Of tas
be tina. gentlemen connected win profession wsea
Iass iielf on i, honor ssehcea 20 maze M ~
which she vOsd BE- OBLIGED to submit to the etrscon any
~hoeys be mish be- or else SUBJECT Der friend nsav
M. Have, VA. 10 ns in N.w.York in the United
s,es sbs zk, be wiling to ing Mr. Bs.s contract that
she would .rE in any place N ihe tni'ed ss' rhsh m Va
est Abe 'ssree 'el,e Er taaI ~Da1 e .1o
~saa exercise his ht Of eleeteH eoHdfs's ana non
for two
MIS- beyond three That option which nth' gel
a'i Sr f Be.. md NJ. Hayes Of ID:
ssge another penon 70 eIss 50 '" IVES % Se a. nSsy
Tat wa. dsT,oa which eeaa be F.po;@ only u on: IL
hse tbe ,ssTsirs sd living srpelsss Of Mis- Bays, Th
gate unlimited snfsssmeu N l,. terms ~ oa- % Eo
each he snd would be ae eAaio Or in
ea Ire nssr. o. n,cessOasa to ta>if
@ nave ben rtsSded that W .aOqd have h.a
seno .as pIhsP. tAs entire o sgs 10 III ~
M accompany her and ne S'ns :osrs ta,,
,, :, aa will 81 Az one who q, sa: bad bought
bis ia. eossr. On an :1s.,,p .as so 1 every 0s
rriS oath ii Isqgirss
49,. snr.s.y and h oaly lie ,h Rc.e could rely
Ia. si net bed n. .ss s.ase. ne. il .a.ssr
personal M " ard that h h.d no pore rsat 70 sn
es- h.n atsr the services Of k sopsrtee
va, es etS: eny :t so s:ss s:ee sSu.
ing Ma H'y.s h.s n :. INNS comp sd wh hs s,a'ra
y held n@ isliec 70 falle ta1
set IN T. she only rsfsssd - efss
.es ssssnes ard h posss hss ~ 50,
go nv Of sale WsgG rsgsr9sd and the nromp.bJ
Of The and Of The performer ed 20 the resai wien n
fCoxtd
his between .ssznor and s,sssees a. w ine
R. It Lie aou0n b assignee 81 tne
contained IL the
,rtuiictiEp- Nor the of Bess or Of @ ~ % s
,,,-prnent AID joseph "srd|ei va, th>
,.pee Erd osiy n.srsted u cary JAY a'i
Jsd.u.L: .hs al be fcr the defendant win costs
sTPHENy COrRT-sp,cI.L TEHx-Besore J1sse RoosEF<LT
DYCIsIOSs
c. -, ,,,oz.fi,u az the Mehosa. Episcopal CaIreh
Me- g. dissolve Danction prob btngth reno7 al OF
- - - oup .r.sdy refer.dc Ipj1sedor dsn ed sI