Patterson v. Kelly
New York Supreme Court
Appeal from special term, Wayne county. Action by Stephen Patterson, an infant, by Samuel P. Moulthrop, his guardian ad litem, against Stephen Kelly. From an interlocutory judgment sustaining plaintiff’s demurrer to the second defense of the amended answer defendant appeals.
1Opinion of the CourtCorlett, J.
The complaint states, in substance, that the defendant is indebted to the plaintiff for. work, labor, and services, consisting of general farm work, between the 6th day of April, 1887, and the 22d day of April, 1890, and that the fair value is $400. The plaintiff further alleges that his father is living, but that he deserted his family, neglected to support them,. and that the plaintiff received no benefit or support from either of his parents. Judgment is demanded for $400. The first answer amounts to a denial of the material allegations of the complaint. The second is as follows:
“For his…
2Cases cited2 opinions
- Maltby v. Harwood & WellsNew York Supreme Court · 1852
- Williams v. FinchNew York Supreme Court · 1848