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![handle is hein.slavery/ssactsengr0321 and id is 1 raw text is: POLLOCK, C. B. We are all of opinion that the rule must be absolute to enter a
verdict for the plaintiff upon the plea of set-off, with nominal damages.
PARKE, B., PLATT, B., and MARTIN, B., concurred.
Rule absolute.
(424] ELLEN v. Topp. April 15, 1851.-By the terms of an indenture of apprentice-
ship an infant was placed by his father (who was a party to the indenture) as
apprentice to a master, described in the indenture as an auctioneer, appraiser,
and corn-factor, to learn his art, and with him after the manner of an apprentice
to serve. After the making of the indenture and the commencement of the
apprenticeship, the Master wholly relinquished the trade of corn-factor; where-
upon the apprentice absented himself from his master's service :-Held, in an
action on the indenture by the master against the father for the desertion of the
apprentice, that the relinquishment by the master of his trade of corn-factor was
a good answer to the action.
[S. C. 20 L. J. Ex. 241 ; 15 Jur. 451. Referred to, Carter v. Scargill, 1875, L. R.
10 Q. B. 568. Discussed, Wallis v. Pratt, [1910] 2 K. B. 1018; [1911] A. C. 400.]
Covenant on an indenture of apprenticeship of the 21st of July, 1846, by the
master against the father of the apprentice, the father being a party to the indenture.
The material parts of this indenture (of which profert was made) were as follows:-
This indenture witnesseth, that Richard Topp, an infant, of the age of sixteen years
or thereabouts, by and with the consent of his father George Topp, of &c., farmer,
doth put himself apprentice to Frederick Ellen, of &c., auctioneer, appraiser, and corn-
factor, to learn his art, and with him after the manner of an apprentice to serve from
the 1st day of July now last past, unto the full end and term of five years from thence
next following, to be fully complete and ended; during which term the said apprentice
his master faithfully shall serve, his secrets keep, his lawful commands everywhere
gladly do. The indenture then proceeded to state, that the apprentice should do no
damage to his master, &c., and that he shall not absent himself from his master's
service day or night unlawfully, but in all things as a faithful apprentice he shall
behave himself towards his said master and all his during the said term; and the said
Frederick Ellen, in consideration of the sum of 701. to him in hand paid by the said
George Topp upon the execution of these presents, (the receipt whereof the said
Frederick Ellen doth hereby acknowledge), doth hereby covenant and agree to and
with the said George Topp, his executors and administrators, and also the said Richard
Topp, that he, the said Frederick Ellen, his executors and administrators, his said
apprentice in the art of an auctioneer, appraiser, and corn-factor, which he useth, by
the best means that he can, shall teach and instruct, or cause to be taught and instructed,
finding unto the said apprentice sufficient meat, drink, and lodging, and other neces-
saries during the said term, except wearing apparel, [425] medical attendance, and
pocket-money; and the said George Topp, for himself, his executors and adminis-
trators, doth hereby covenant and agree with the said Frederick Ellen, his executors
and administrators, that he the said George Topp, his executors and administrators,
shall and will find and provide his said son Richard Topp with wearing apparel, medical
attendance, washing, and pocket-money during the said term; and for the true per-
formance of all and every the said covenants and agreements, either of the said parties
bindeth himself unto the other by these presents. The declaration then stated, that
the said Richard Topp afterwards, to wit, on the said 21st of July, 1846, entered and
was then received into the service of the plaintiff as such apprentice as aforesaid, and
continued in such service under and by virtue of the said indenture, for a long space
of time, to wit, from the day and year last aforesaid until and upon the 22nd of July,
1849 ; and laid as a breach that the said Richard Topp did not nor would faithfully
serve the plaintiff according to the tenor and effect, true intent and meaning of the
said indenture, but on the contrary thereof, the said Richard Topp, during the said
term of five years in the said indenture mentioned, to wit, on the said 22nd of July,
1849, did unlawfully absent himself from the service of the plaintiff, and hath from
thence hitherto remained and continued absent from the service of the plaintiff, con-
trary to the tenor and effect of the said indenture and of the said covenant of the
defendant in that behalf made as aforesaid, to the plaintiff's damage, &c.
Ex. Div. xi.-20
609
6 EX. 424.
ELLEN V. TOPP](ViewImageLocal?handle=hein.slavery/ssactsengr0321&div=1&collection=&method=preview&ext=.png&size=3)