Ingersoll v. Jones
New York Supreme Court
Motion by the defendant fov a new trial, on a bill of exceptions. This was an action on the case, for the seduction of Mary Ann Campbell, the adopted daughter and servant of the plaintiff, and was tried at the Erie circuit in October, 1848. The bill of exceptions states, that Mary Ann Campbell was at the time of the trial about 22 years of age ; that she had lived in the plaintiff’s family ever since she was of the age of seven years, but during this time she had for some…
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Motion by the defendant fov a new trial, on a bill of exceptions. This was an action on the case, for the seduction of Mary Ann Campbell, the adopted daughter and servant of the plaintiff, and was tried at the Erie circuit in October, 1848. The bill of exceptions states, that Mary Ann Campbell was at the time of the trial about 22 years of age ; that she had lived in the plaintiff’s family ever since she was of the age of seven years, but during this time she had for some short periods at different times, with the approval of the plaintiff, been at service in other families. That the…
1Opinion of the Court
By the Court, Sill, J.
That the plaintiff stood in fact, in loco parentis, to Mary Ann Campbell, that she was his adopted daughter, there is no question. The defendant’s first point rests solely upon 'the supposition that the plaintiff was bound to go farther, and show a legal right to stand in this relation to her, and that the proof was insufficient to establish it. The right to maintain this action depends upon the relation of master and servant—not of parent and child—and it may well be doubted whether courts will look beyond the relations which actually exist, in an action of this…
2Cases cited4 opinions
- Whitney v. HitchcockNew York Supreme Court · 1847
- Clark v. FitchNew York Supreme Court · 1829
- Martin v. PayneNew York Supreme Court · 1812
- Farmers' & Manufacturers' Bank v. WhinfieldNew York Supreme Court · 1840
3Cited by16 opinions
- Pickle v. PageNew York Court of Appeals · 1930
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Lavery v. CrookeWisconsin Supreme Court · 1881
- White v. . NellisNew York Court of Appeals · 1865
- Stevenson v. BelknapSupreme Court of Iowa · 1858
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