Hawkings v Easterbrooke
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 822
COURTS OF KINGS BENCH
[115] hawkins vers. easterbrooke. An action lies upon a covenant, that an apprentice shall not absent himself from his master's service, although his master receive him after having absented himself. In a case reserved, in an action of debt upon a bond, it was stated; that the penalty of the bond was twenty pounds ; that the condition of the bond was, that John Easterbrooke, son of the defendant, should serve the plaintiff as an apprentice four years, and not absent himself during that term from the service of the plaintiff', without leave ; that the plaintiff alledged in his declaration, that John Easterbrooke did on a certain day during the term, absent himself from the service of the plaintiff without leave, and continued absent to the end of the term ; that the defendant pleaded, that John Easterbrooke did not absent himself from the service of the plaintiff; that issue was joined upon this plea, that at the trial of the issue it was proved, that John Easterbrooke did absent himself from the service of the plaintiff during the term, and that another person was hired, during his absence, to do the business which he ought to have done; and that it was likewise proved, that John Easterbrooke, after having been some time absent, returned to the plaintiff, and was received and employed by him. The question was, whether the action could be maintained ? It was holden that it might. And by Wright J. (Lee Ch.J. being absent), it has been said, and very truly ; that the receiving of a servant, after having absented himself, does so far purge the absence, that it shall not prevent his gaining a settlement; and, perhaps, the absence in the present case [116] was so far purged by the subsequent reception of the apprentice, that it would not have been a cause of discharging him : but...
To continue reading
Request your trial
-
Graham v Strathern
...charged was retaining the property against the true ownerHume on Crimes, vol. i., pp. 113 and 115. But that learned author goes on to say (p. 115):But, ordinarily, the vicious purpose is presumable from the same circumstances of evidence, which establish the pannel's knowledge of the condit......
-
Decisive Capital Management SA v Les Geonnais Ltd
...money – A. Yes. Q. — for the Yunak Corporation – A. Yes. Q. — of, if you add 20, of over £100 million; yes? A. We had approximately, I would say, 115, 116 million, yes. We had more than that for Yunak, yes. 41 Up to this point, Mr Chamat's answers suggested that Decisive had a discretionary......
-
“cv” v Immigration and Protection Tribunal
...harm. It is the threat of serious harm with its menacing implications that constituted the persecutory conduct. [135] Lord Dyson went on to say:115 In other words, the threat of serious harm and the fear of it will remain despite the avoiding [136] He then referred to an often cited passage......
-
National Justice Compania Naviera SA v Prudential Assurance Company Ltd (Ikarian Reefer)
...fixed error (known as the delta error) which meant that the course in fact steered, subject to variable errors, was about .5 degree higher — say 115.5°(T). But the log entry at 04.00 suggests that there was an overall gyro error of 1° high, which would mean that the course in fact steered w......
-
Becoming gentlemen: women's experiences at one Ivy League law school.
...ones who rush up after class and make sure that other people can't ask the professor a question because they have something very long to say. (115) To say that the Socratic method is used universally is not to suggest that it is used uniformly. There are certainly as many different approach......
-
The Foreign Exchange Origins of Japan's Economic Slump and Low Interest Liquidity Trap
...short run, our proposalwould add a benchmark target for the long-term yen/dollar exchange rate.9Theactual number the two countries chose, say, 115 yen to the dollar, is lessimportant than the very existence of the agreement itself.Virtual exchange rate stability does not imply a commitment ......
-
The reins on risk.
...in this case, at 127 yen per dollar, by allowing two yen of flexibility, we could potentially gain 10 or more yen. As the yen moves down to, say, 115 and becomes stronger, we trail the stop/loss, adjusting it to 120. The stop/loss order costs nothing, and the banks follow it 24 hours a day,......
-
Clarence D. Long. Wages and Earnings in the United States, 1860-1890. (Na tional Bureau of Economic Research, No. 67, General Studies.) Pp. xvii, 169. Princeton, N. J.: Princeton University Press, 1960. $4.00
...around eachconclusion like guards on a castle wall.Still, some emphasis manages to emergeon the influence of the capital factor.Long does say (p. 115): &dquo;Between 1860and 1890, capital per wage earner approxi-mately doubled, with the entire increaseapparently concentrated in the 1880’s, ......