Morse v. Welton
Supreme Court of Connecticut
IN ERROR. This was an action of book debt, brought by Welton against Morse, and tried, on the general issue, in the county court of New-Haven county, November term, 1825. The plaintiff's claim was for the services of his son Leonard Welton, for the defendant, at divers times between the 1st of April, 1824, and the 1st of April, 1825. It was agreed, by the parties, that Leonard, during this period, was under the age of twenty-one years, which was known to the defendant; and…
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IN ERROR. This was an action of book debt, brought by Welton against Morse, and tried, on the general issue, in the county court of New-Haven county, November term, 1825. The plaintiff's claim was for the services of his son Leonard Welton, for the defendant, at divers times between the 1st of April, 1824, and the 1st of April, 1825. It was agreed, by the parties, that Leonard, during this period, was under the age of twenty-one years, which was known to the defendant; and that at different times within this period, he contracted with the defendant to labour, and did in fact labour, for him,…
1Opinion of the CourtPeters, J.
By the common law, a father is entitled to the services of his minor children. This right is bottomed on his duty to maintain, protect and educate them. But this right, and this duty, may be transferred to another ; (1 Bla. Comm. *551472. 1 Swift's Dig. 41. 61.) and may be relinquished to a child; and the earnings of the child can no more be taken away by a father, than a gift delivered. Such a gift may be void against creditors, but it is valid against the giver. The law," says Ch. J. Parsons, in Remson v. Remington, 2 Mass. Rep. 113. 115. “is very well settled, that parents are under…
2Cases cited2 opinions
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
3Cited by15 opinions
- Rounds Bros. v. McDanielCourt of Appeals of Kentucky · 1909
- Dierker ex rel. Shoemake v. HessSupreme Court of Missouri · 1873
- McGarr v. National & Providence Worsted MillsSupreme Court of Rhode Island · 1902
- Lackman v. WoodCalifornia Supreme Court · 1864
- Goldsworthy v. JohnsonNevada Supreme Court · 1922
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