Whipple v. Dow
Massachusetts Supreme Judicial Court
Assumpsit for board, washing, and lodging, furnished the defendant’s wife, from May 1, 1793, to June 1, 1797, she being then sole. This was a review of an action, wherein the plaintiff recovered at the Court of Common Pleas, January term, 1805, the sum of 273 dollars. Upon trial of the review at the last November term, before Parker, J., she recovered 254 dollars 60 cents.
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Assumpsit for board, washing, and lodging, furnished the defendant’s wife, from May 1, 1793, to June 1, 1797, she being then sole. This was a review of an action, wherein the plaintiff recovered at the Court of Common Pleas, January term, 1805, the sum of 273 dollars. Upon trial of the review at the last November term, before Parker, J., she recovered 254 dollars 60 cents. It appeared in evidence that the said Catherine, the now wife of the defendant, during the term aforesaid was an infant, and daughter of the plaintiff. On the death of-Whipple, the husband of the plaintiff, and father of…
1Opinion of the CourtParker, J.
I was of opinion, at the trial, that the mother was under no legal obligation to support her child ; that the agreement máde by these parties was reciprocal, and having been disaffirmed by the daughter after coming of age, the mother could, by no construction, be bound oy it; that the special contract thus failing, the law raised a new promise. I still remain of the same opinion, and am therefore against granting a new trial.
Sewall, J.
To this action, which is brought on the implied promise of a minor to pay for her support, furnished during infancy by her mother, a want of consideration is…
2Cases cited2 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Dawes v. HowardMassachusetts Supreme Judicial Court · 1808
3Cited by22 opinions
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Englehardt v. Yung's HeirsSupreme Court of Alabama · 1884
- Abeles v. BransfieldSupreme Court of Kansas · 1877
- Gilley v. GilleySupreme Judicial Court of Maine · 1887
- Alling v. AllingNew Jersey Court of Chancery · 1893
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