40 Barb. 541 | N.Y. Sup. Ct. | 1863
The plaintiff is the principal of the Commercial Collegiate Institute, situate at Yonkers,
The boy Horatio’s complicity with the offense which the plaintiff charged against the pupils of his school is a question of no moment to the present inquiry. He was the sole judge whether an offense had been committed, and of the scholar’s guilty connection with it. Standing in the place of the parent, he had all the rights incident to that relation; and upon the question of the transgression of the rules of the school, or the observances necessary to the government and good order of his family, we regard his authority as all but absolute, and
The contract is entire; it cannot be separated and apportioned, and the amount awarded to the plaintiff for the time he actually furnished board and tuition to the boy. He was to receive the entire sum of #150 for the 22 weeks’ board and tuition. Having refused to furnish it he is not entitled to recover any thing. He must recover all or nothing.
The judgment should be reversed, and a new trial granted at the circuit, with costs to abide the event.
Brown, Scrugham and Lott, Justices.]