Ingram v. Southern Railway Co.
This text of 67 S.E. 926 (Ingram v. Southern Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We find no error in the rulings of the court below. There is ample evidence tending to prove an emancipation by the parent of the son. It is well settled that if a contract of employment is made by a minor and approved and confirmed by his father, and undei such contract the son is to receive the wages earned by him, the father, by approving and confirming the agreement, in effect emancipates his son, as to wages earned by him under the contract, which becomes the property of the son, and not the property of the father. Party v. American Ship Windlass Co., 19 R. I., 461.
If a minor son contracts on his own account for his services with the knowledge of his father, who makes no objection thereto, there is an implied emancipation and an assent that the son shall be entitled to the earnings in his own right. Burdsall v. Waggoner, 4 Col., 261; Armstrong v. McDonald, 10 Barb., 300; Jenny v. Alden, 12 Mass., 375; Campbell v. Campbell, 11 N. J. Equity, 268; Taylor v. Welch, 36 N. Y. Supp., 592.
No error.
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Cite This Page — Counsel Stack
67 S.E. 926, 152 N.C. 762, 1910 N.C. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ingram-v-southern-railway-co-nc-1910.