Williams v. Hutchinson
New York Supreme Court
Motion to set aside report of referees. The action was assumpsit, for labor and services. The plaintiff’s mother married the defendant when the plaintiff was about nine years of age, and the plaintiff then went to live with the defendant, with his mother. He continued to reside there until he was about seventeen, when he left the defendant, and did not return.
Read the full summary
Motion to set aside report of referees. The action was assumpsit, for labor and services. The plaintiff’s mother married the defendant when the plaintiff was about nine years of age, and the plaintiff then went to live with the defendant, with his mother. He continued to reside there until he was about seventeen, when he left the defendant, and did not return. While he lived with the defendant he was treated in all respects as a member of his family, was clothed and schooled in the same manner as the defendant’s children were, and performed labor suitable for a person of his age and…
1Opinion of the CourtJohnson, J.
A person is not bound to maintain the children of his wife by a former husband. (Gay v. Ballou, 4 Wend. Rep. 403.) Not being bound to provide for them, or furnish them with any support, he is not entitled to their services provided they choose to live elsewhere; and in the latter case he cannot recover for their services, either in his own right or in that of the mother. (Commonwealth v. Hamilton, 6 Mass. Rep. 273, 275. Freto v. Brown, 4 Id. 675. Worcester v. Merchant, 14 Pick. 510.) While the mother remains a widow she is bound to provide for her children, and is entitled to control them…
2Cases cited6 opinions
- Andrus v. FosterSupreme Court of Vermont · 1845
- Robinson v. CushmanNew York Supreme Court · 1846
- Gay v. BallouNew York Supreme Court · 1830
- Candor's AppealSupreme Court of Pennsylvania · 1843
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Heffron v. BrownIllinois Supreme Court · 1895
- Miller v. MillerIllinois Supreme Court · 1855
- Ayres v. HullSupreme Court of Kansas · 1870
- Schrimpf v. SettegastTexas Supreme Court · 1872
19 more not listed; retrieve them via the Exa API.