Kelley v. Davis
Supreme Court of New Hampshire
Assumpsit by Alfred Kelley, surving partner of Kelley & Cleasby, against John K. Davis, for goods sold and delivered by the plaintiffs to Gilman C. Davis, the minor sofi of the defendant, during the winter of 1866, to the amount of $58.33. The plaintiffs sought to charge the defendant on the ground, that the goods sold to said Gilbert were necessaries, suitable to his degree and station in life, and that the father, the defendant should pay for them.
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Assumpsit by Alfred Kelley, surving partner of Kelley & Cleasby, against John K. Davis, for goods sold and delivered by the plaintiffs to Gilman C. Davis, the minor sofi of the defendant, during the winter of 1866, to the amount of $58.33. The plaintiffs sought to charge the defendant on the ground, that the goods sold to said Gilbert were necessaries, suitable to his degree and station in life, and that the father, the defendant should pay for them. The plea was the general issue, and the case was by consent of the parties tried by the court. It appeared from the plaintiff’s books, and the…
1Opinion of the CourtFoster, J.
“The duty of parents to provide for the maintenance of their children,” says Blackstone “ is a principle of natural law.” “ It is an obligation,” says Puffendorf, laid on them, not only by nature herself, but by their own proper act in bringing them *189into the world; for they would be iu the highest manner injurious to their issue, if they only gave their children life that they might afterward see them perish. And thus the children have a perfect right of receiving maintenance from their parents.” “ But,” says Mr. Wendell in his note 3, to 1 Bl. Com. 448, “ the common law of England never…
2Cases cited5 opinions
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
- In re RyderNew York Court of Chancery · 1844
- Gordon v. PotterSupreme Court of Vermont · 1845
- Chilcott v. TrimbleNew York Supreme Court · 1852
- Raymond v. LoylNew York Supreme Court · 1851
3Cited by4 opinions
- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Arche v. United StatesSupreme Court of Kansas · 1990
- Archibald v. WhalandDistrict Court, D. New Hampshire · 1976
- Arche v. United StatesSupreme Court of Kansas · 1990