Gay v. Ballou
New York Supreme Court
Liability of infant. In this case a motion was made to set aside a report of referees. The action was brought to recover for the maintenance of the defendant whilst an infant, for the period of near three and a half years, and for necessaries furnished him during that time. The defendant pleaded the general issue and infancy: the plaintiff replied that his demand was for necessaries furnished, upon which issue was taken. The cause was heard before referees.
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Liability of infant. In this case a motion was made to set aside a report of referees. The action was brought to recover for the maintenance of the defendant whilst an infant, for the period of near three and a half years, and for necessaries furnished him during that time. The defendant pleaded the general issue and infancy: the plaintiff replied that his demand was for necessaries furnished, upon which issue was taken. The cause was heard before referees. The plaintiff married the mother of the defendant in December, 1819, when the defendant, being then about 17 years of age, went to reside…
1Opinion of the Court
By the Court,
Sutherland, J.
A husband is not bound to maintain his Wife’s child by a former husband. The statute of 43d Eliz. ch. 2, sect. 7, of which ours is a transcript, (1 R. L. 286, sect. 21,) extends only to natural relations. (Tubb v. Harrison, 4 T. R. 118; Cooper v. Martin, 4 East, 76; and the authorities cited in those cases) The plaintiff, therefore, was under no obligation, either legal or moral, to support the defendant.
The referees, who stand in the place of the jury, have found that the articles furnished by the plaintiff were necessaries; and that the defendant promised to pay…
2Cases cited1 opinion
- Jackson v. MayoMassachusetts Supreme Judicial Court · 1814
3Cited by21 opinions
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Williams v. HutchinsonNew York Supreme Court · 1849
- Trainer v. TrumbullMassachusetts Supreme Judicial Court · 1886
- Millard v. HewlettNew York Supreme Court · 1838
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