Brow v. Brightman
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for the board and care of the defendant’s minor child. Writ dated March 16, 1882. The case was referred to an auditor, who found the following facts: The plaintiff has boarded and partly cared for the minor child of the defendant for the -period of time named in the account annexed to the declaration, namely, three hundred and twelve weeks.
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Contract, upon an account annexed, for the board and care of the defendant’s minor child. Writ dated March 16, 1882. The case was referred to an auditor, who found the following facts: The plaintiff has boarded and partly cared for the minor child of the defendant for the -period of time named in the account annexed to the declaration, namely, three hundred and twelve weeks. Most of that period the mother of the child, who lived with the plaintiff, was away in the daytime at work. During this time the plaintiff cared for the child; but the mother of the child took care of the child at night,…
1Opinion of the CourtColburn, J.
By the common law of this Commonwealth, the defendant, if of sufficient ability, was under obligation to provide for and support his infant child. Dennis v. Clark, 2 Cush. 347. If this case depended upon the common law liability of the defendant, under the facts found by the auditor, the plaintiff would doubtless be entitled to maintain her action. Reynolds v. Sweetser, 15 Gray, 78.
*189By the decree of this court in 1877, under the St. of 1874, c. 205, and the further decree in 1879, upon the libel for divorce, the care and custody of his child were taken from the defendant and given to the wife.…
2Cases cited1 opinion
- Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
3Cited by36 opinions
- Barry v. SparksMassachusetts Supreme Judicial Court · 1940
- Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
- Spencer v. SpencerSupreme Court of Minnesota · 1906
- Gediman v. CameronMassachusetts Supreme Judicial Court · 1940
- Creeley v. CreeleyMassachusetts Supreme Judicial Court · 1927
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