MacGuire v. Hughes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Margaret E. Hughes, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 12th day of December, 1907, affirming a judgment of the City Court of the city of Hew York in favor of the plaintiff, entered in the office of the clerk of said court on the 13th day of February, 1907, and also affirming an order of said City Court denying the defendant’s motion for a new trial.
1Dissent
Houghton, J. (dissenting):
I cannot assent to the proposition that the plaintiff did not make a prima facie case .of hiring by the defendant. I assume it must be conceded to be the law that a physician is entitled to recover *644compensation for liis services and that his hiring need not be express but may be inferred from an implied contract; and also that a parent of a married daughter may, if he choose, contract with a third party to perform services or furnish necessaries for her.
The only principle to observe in determining whether the parent is liable to pay in case of necessaries like…
2Cases cited3 opinions
- Crane v. . BaudouineNew York Court of Appeals · 1873
- Bradley v. DodgeNew York Court of Common Pleas · 1873
- Foster v. MeeksAppellate Terms of the Supreme Court of New York · 1896