Williams v. . Hutchinson
New York Court of Appeals
Appeal from the supreme court, where the action was assumpsit for work and labor. The cause was heard before a referee, and the facts found by him were as follows: The defendant married the plaintiff’s mother, a widow, in the year 1834, and lived with her until her death in 1842. The plaintiff at the time of the marriage was eleven years old, and he lived in the defendant’s family until his mother’s death, and this action was brought to recover the value of his services…
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Appeal from the supreme court, where the action was assumpsit for work and labor. The cause was heard before a referee, and the facts found by him were as follows: The defendant married the plaintiff’s mother, a widow, in the year 1834, and lived with her until her death in 1842. The plaintiff at the time of the marriage was eleven years old, and he lived in the defendant’s family until his mother’s death, and this action was brought to recover the value of his services during that time. At the time of such marriage the mother had three sons, and the defendant had four, and they all lived in…
1Opinion of the CourtPratt, J.
It is well settled that a person is not entitled to the custody or earnings of the children of his wife by a former husband, nor is he bound by law to maintain them ; but these principles alone are by no means decisive of the question now before us. The parent is not legally entitled to the custody or earnings of his children after they arrive at the age of twenty-one ; nor is he entitled to the earnings of, or bound to maintain, his nephews or nieces ; yet if they live with him as members of his family without any contract or understanding that he shall pay for their services or receive pay…
2Cases cited3 opinions
- Robinson v. CushmanNew York Supreme Court · 1846
- Williams v. HutchinsonNew York Supreme Court · 1849
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
3Cited by94 opinions
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Hall v. FinchWisconsin Supreme Court · 1871
- McCarthy v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Heffron v. BrownIllinois Supreme Court · 1895
- James v. GillenIndiana Court of Appeals · 1892
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