Lantz v. Frey
Supreme Court of Pennsylvania
Error, to the Common Pleas of Erie county. This was an action of assumpsit, brought by Erey and his wife, against John Lantz, the plaintiff in error, to recover upon an implied assumpsit for the services of the wife of defendant in error, under the following circumstances : The said Lantz married a widow, the mother of the wife of said Erey.
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Error, to the Common Pleas of Erie county. This was an action of assumpsit, brought by Erey and his wife, against John Lantz, the plaintiff in error, to recover upon an implied assumpsit for the services of the wife of defendant in error, under the following circumstances : The said Lantz married a widow, the mother of the wife of said Erey. The child at the time of the marriage was eight or nine years old; she went with her mother after the marriage, and lived in the family of Lantz/the stepfather, as one of his own children, without any contract whatever. On the part of Lantz, it was…
1Opinion of the Court
The opinion of the court was delivered, by
Bell, J.
— The plaintiffs’ declaration is upon a contract. In order to recover, they must, consequently, prove an express contract, or show such circumstances as will raise an implied one. The first-is not pretended, and we think the evidence discloses facts which preclude the last. The defendant intermarried with the female plaintiff’s mother, after which the child went to reside in the family of her stepfather, until she herself married. By this arrangement, defendant stood in loco parentis, and was responsible for the maintenance and education of…
2Cases cited1 opinion
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
3Cited by4 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Succession of DasteSupreme Court of Louisiana · 1910
- Commonwealth Ex Rel. Stack v. StackSuperior Court of Pennsylvania · 1940
- Commonwealth v. StraubCambria County Court of Quarter Sessions · 1925