Trovinger v. M'Burney
New York Supreme Court
Assumpsit, for meat, drink, &c., found and provided, and work and labor, in and about the nursing &c., of Catharine m • , . . ..y,. _ . _ _ _ Trovinger, the plaintin 7s daughter, and James M/Burney, and Susan M’Burney, infant children of Catharine, at the defendant’s request, and on his promise to pay, &c. tried at the Steuben circuit, October 1st, 1823, before Nelson, C. Judge: when a verdict was found for the plaintiff. ’ r „ „ . , . , . . „ The facts are sufficiently…
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Assumpsit, for meat, drink, &c., found and provided, and work and labor, in and about the nursing &c., of Catharine m • , . . ..y,. _ . _ _ _ Trovinger, the plaintin 7s daughter, and James M/Burney, and Susan M’Burney, infant children of Catharine, at the defendant’s request, and on his promise to pay, &c. tried at the Steuben circuit, October 1st, 1823, before Nelson, C. Judge: when a verdict was found for the plaintiff. ’ r „ „ . , . , . . „ The facts are sufficiently stated in the opinion of the Court. The main defence on the trial was, that the services, board, Another question was…
1Opinion of the Court
Curia, per Woodavobth, J.
The first question to be decided is, Avhether the consideration for the defendant’s promise Avas illegal and void.
The plaintiff’s daughter became the mother of an illegitimate child. The defendant Avas the reputed father; and promised to pay the plaintiff for their board. About two years after, another child was born; of Avhich the defendant Avas also the father. Shortly afterwards, he made a similar promise. The plaintiff knew that the defendant, before the birth of the first, and until after the birth of the second child frequently visited her daughter at the…
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