Legal Opinion

Ormsby v. Rhoades

Supreme Court of Vermont

Decided February 15, 1887PublishedCited by 8 opinions

GENERAL Assumpsit. Heard on a referee’s report, September Term, 1886, Walker, J., presiding. Judgment, that the plaintiff could recover only upon his claim, item No. 2, $16.20, damages, and costs be apportioned ; and that he could not recover for his services, found by the referee to be.worth $200 over and above what the defendant furnished him, and interest from April 24, 1881. Exceptions by the plaintiff.

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GENERAL Assumpsit. Heard on a referee’s report, September Term, 1886, Walker, J., presiding. Judgment, that the plaintiff could recover only upon his claim, item No. 2, $16.20, damages, and costs be apportioned ; and that he could not recover for his services, found by the referee to be.worth $200 over and above what the defendant furnished him, and interest from April 24, 1881. Exceptions by the plaintiff. The referee found that the plaintiff’s father was a brother of the defendant’s wife; that the plaintiff was born in 1862, and both his parents deceased in 1870 at Troy, N. Y.; that in the…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

The plaintiff’s claim, shortly stated, is this; that in order to entitle the deféndant to be treated as having stood in loco parentis to .him, he must have had the legal custody of his. person, and have been bound to support, protect, and educate him during the time in question, which he did not have and was not bound to do ; that the defendant took him from the asylum into his family of his own motion, without authority, and could not force a quasi family relation upon him, being .an infant, so as to now shield himself from paying what his…

2Cases cited3 opinions

  1. Bartley v. . RichtmyerNew York Court of Appeals · 1850
  2. Freto v. BrownMassachusetts Supreme Judicial Court · 1808
  3. Baskins v. . ShannonNew York Court of Appeals · 1850

3Cited by8 opinions

  1. James v. GillenIndiana Court of Appeals · 1892
  2. In Re Appeal of FowlerSupreme Court of Vermont · 1972
  3. Peters v. Estate of PoroSupreme Court of Vermont · 1922
  4. Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
  5. Borkman v. Commissioner of Social WelfareSupreme Court of Vermont · 1970

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