Hurcum v Stericker and Another
| Jurisdiction | England & Wales |
| Judgment Date | 23 November 1842 |
| Date | 23 November 1842 |
| Court | Exchequer |
English Reports Citation: 152 E.R. 591
EXCH. OF PLEAS.
S. C. 2 Dowl. (N. S.) 524; 12 L. J. Ex. 17.
hcjrcum 'a. steeuckbr and another. Exch. of Pleas, Nov. 23, 1842.-The first count of a declaration in assumpsit alleged that the plaintiff was employed by the defendants as a carman, at wages after the rate of 1601. a year, and claimed damages for his discharge without just cause during the year; there was also a count for work and labour. The particulars of demand stated, that the plaintiff, besides seeking to recover damages under the special count, also sought to recover, under the indebitatus count, 371., the balance of account for a quarter's work done by him for the defendants, commencing on the 30th June, and ending on the 30th September, 1842, after giving credit for 31. paid on account thereof. It appeared in evidence that the plaintiff1 was discharged on the 30th July, 1842, for misconduct, which the jury found to be a sufficient cause for his dismissal; that he worked out that day, and that on the next morning the defendant sent for him, and he remained working there that day also, and then loft. The jury found that the value of those two days' work was 40s., but that he was entitled to it month's wages, and he accordingly had a verdict for 101. 6s. 8d., allowing for the 31., which had been paid in advance:-Held, that the plaintiff' was not precluded by his particulars from recovering this sum. [S. C. 2 Dowl. (N. S.) 524 ; 12 L. J. Ex. 17.] Assumpsit. The first count of the declaration stated, that the plaintiff was employed by the defendants as a carman at the wages of 160 per annum ; that it was the [554] duty of the defendants not to discharge the plaintiff without just cause ; but that they did discharge him without just cause during the year. There were also counts for work and labour, and on an account stated. The particulars of demand were as follows :-" The plaintiff, besides seeking to recover damages under the special count of the declaration, also seeks to recover, under the indebitatus count of the declaration, the sum of 37, being the balance of account for one quarter's cartage work done by him for the defendants, commencing on the 30th of June and ending on the 30th of September 1842, after giving the defendants credit for the sum of 3 paid on account thereof." The defendants pleaded, first, non assumpserunt; aud, secondly, that the plaintiff was discharged for just cause, that is to say, for...
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