Cox v. Pinkham
Supreme Court of New Hampshire
Assumpsit, to recover an amount equal to the sum the county paid Charles Pinkham for the care, etc., of Cox’s minor son. Trial by jury and verdict for the plaintiff. The plaintiff claimed that the defendant in consideration of the boy’s services, agreed to support and care for the boy until he should have completed two years in the academy at Northwood. Before the expiration of that period the boy was taken ill and died.
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Assumpsit, to recover an amount equal to the sum the county paid Charles Pinkham for the care, etc., of Cox’s minor son. Trial by jury and verdict for the plaintiff. The plaintiff claimed that the defendant in consideration of the boy’s services, agreed to support and care for the boy until he should have completed two years in the academy at Northwood. Before the expiration of that period the boy was taken ill and died. Care was furnished by Charles Pinkham and by him recovered for from the county. His judgment for $324.49 included $50 for funeral charges. The defendant’s motion for a…
1Opinion of the CourtPeaslee, J.
The motion for a nonsuit is urged upon several grounds. It is claimed that the evidence is insufficient to warrant a finding that there was an oral agreement for support. The evidence comes from Cox and he states the talk in various ways. If' it is true that a critical and scholastic analysis of most of his statements would show that they fall short of covering the factors of support and care, yet his affirmative answer to the question whether the defendant was to “clothe, educate and care for” the boy, is all that is needed to take the case to the jury on this issue.
The provision of the…
2Cases cited4 opinions
- Lombard v. Maguire-Penniman Co.Supreme Court of New Hampshire · 1916
- Martin v. BatchelderSupreme Court of New Hampshire · 1898
- Cocheco Aqueduct Ass'n v. Boston & Maine R. R.Supreme Court of New Hampshire · 1879
- Clay v. ShirleySupreme Court of New Hampshire · 1874
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