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Dearden v. Adams

Supreme Court of Rhode Island. PROVIDENCE COUNTY
Oct 23, 1895
36 A. 3 (R.I. 1895)

Opinion

October 23, 1895.

A minor is not bound by a contract to give notice before quitting employment, and may recover under the common counts in assumpsit what the services were reasonably worth.

PLAINTIFF'S petition for a new trial.

Action of assumpsit to recover wages as an employee in a mill in Massachusetts.

Hugh J. Carroll, for plaintiff.

Edward D. Bassett Edward L. Mitchell, for defendant.


Assuming that the plaintiff was not discharged by the defendant's agent, but left the defendant's employment of her own accord, the testimony shows that she was a minor and, therefore, not bound by the contract to give two weeks notice before quitting the employment of the defendant. We are of the opinion that she is entitled to recover under the general counts, as upon a quantum meruit, the money due her, to wit, $12.19, that sum being presumptively what her labor was reasonably worth. Gaffney v. Hayden, 110 Mass. 137; Whitmarsh v. Hall, 3 Denio, 375.

The statute referred to by the plaintiff, if such a statute exists, which it is claimed entitles an employee discharged without notice to recover double the amount due the employee at the time, has no application; and, moreover, the Common Pleas Division must have found that she was not discharged, and we cannot review that finding.

Case remitted to the Common Pleas Division with direction to enter judgment for the plaintiff for $12.19, with interest from the date of the writ and costs.


Summaries of

Dearden v. Adams

Supreme Court of Rhode Island. PROVIDENCE COUNTY
Oct 23, 1895
36 A. 3 (R.I. 1895)
Case details for

Dearden v. Adams

Case Details

Full title:SARAH J. DEARDEN, by her next friend, vs. JOHN F. ADAMS

Court:Supreme Court of Rhode Island. PROVIDENCE COUNTY

Date published: Oct 23, 1895

Citations

36 A. 3 (R.I. 1895)
36 A. 3

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