Chilcott v. Trimble
New York Supreme Court
This action was commenced in 1842, and was brought upon an indebitatus assumpsit, to recover for the board, lodging, washing, doctoring and schooling of Harriet, the infant daughter of John Chilcott, the defendant’s testator, by the plaintiff, before the death of the testator, done and performed at his special instance and request. Plea, the general issue, and notice of set-off, &c.
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This action was commenced in 1842, and was brought upon an indebitatus assumpsit, to recover for the board, lodging, washing, doctoring and schooling of Harriet, the infant daughter of John Chilcott, the defendant’s testator, by the plaintiff, before the death of the testator, done and performed at his special instance and request. Plea, the general issue, and notice of set-off, &c. The cause was referred to a sole referee, who in March, 1852, reported in favor of the plaintiff $135 damages. The case came before the court on a motion by the defendants, to set aside the report. The following…
1Opinion of the Court
By the Court, Willard, P. J.
For the fourteen years during which the infant resided in the family of her grand parents, no claim was asserted against the father, for her care and maintenance, either by the grand parents or either of them in their lifetime, or by their personal representatives since their death. It is quite clear that they supported the infant, out of affection towards her as their grandchild, and with no expectation of a pecuniary recompense from the father.
When the grandmother died, in 1828, she, together with the infant, then of the age of fourteen years, was a member of the…
2Cases cited11 opinions
- Edwards v. DavisNew York Supreme Court · 1819
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
- Sands v. GelstonNew York Supreme Court · 1818
- Depuy v. SwartNew York Supreme Court · 1829
- Pinkerton v. BaileyNew York Supreme Court · 1832
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3Cited by15 opinions
- Harris v. HarrisSupreme Court of Kansas · 1869
- Jackson v. MullWyoming Supreme Court · 1895
- Charbonneau v. NortonAppellate Court of Illinois · 1931
- Jordan v. WrightSupreme Court of Arkansas · 1885
- Kelley v. DavisSupreme Court of New Hampshire · 1870
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