Newman v. Rogers

Appellate Terms of the Supreme Court of New York

Newman v. Rogers

139 Misc. 795, 248 N.Y.S. 297, 1930 N.Y. Misc. LEXIS 1774

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 18, 1930

StatusPublished

This text of 139 Misc. 795 (Newman v. Rogers) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newman v. Rogers, 139 Misc. 795, 248 N.Y.S. 297, 1930 N.Y. Misc. LEXIS 1774 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and complaint dismissed, with appropriate costs in the court below. The contract of employment of defendant’s twelve-year-old child is against public policy and illegal under section 485, subdivision 3, of the Penal Law, and cannot be enforced. (Albera v. Sciaretti, 72 Misc. 496; People v. Meade, 24 Abb. N. C. 357; People v. Ewer, 141 N. Y. 129.) It is not necessary for the statute in terms to provide that contracts made in violation of it are void. The statute makes such contracts against public policy, and the courts will declare them to be void. (Thatcher v. Morris, 11 N. Y. 437; Coverly v. Terminal Warehouse Co., 85 App. Div. 488; affd., 178 N. Y. 602; Sirkin v. Fourteenth St. Store, 124 App. Div. 384.)

All concur; present, Cropsey, McCrate and Lewis, JJ.

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Per Curiam.

Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and complaint dismissed, with appropriate costs in the court below. The contract of employment of defendant’s twelve-year-old child is against public policy and illegal under section 485, subdivision 3, of the Penal Law, and cannot be enforced. (Albera v. Sciaretti, 72 Misc. 496; People v. Meade, 24 Abb. N. C. 357; People v. Ewer, 141 N. Y. 129.) It is not necessary for the statute in terms to provide that contracts made in violation of it are void. The statute makes such contracts against public policy, and the courts will declare them to be void. (Thatcher v. Morris, 11 N. Y. 437; Coverly v. Terminal Warehouse Co., 85 App. Div. 488; affd., 178 N. Y. 602; Sirkin v. Fourteenth St. Store, 124 App. Div. 384.)

All concur; present, Cropsey, McCrate and Lewis, JJ.

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Bluebook (online)

139 Misc. 795, 248 N.Y.S. 297, 1930 N.Y. Misc. LEXIS 1774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-rogers-nyappterm-1930.

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