Cummings v. Cummings
Supreme Court of Pennsylvania
ERROR to the common pleas of Columbia county. The administrators of Fanny Cummings deceased, for the use of John M’Reynolds against Nancy Cummings, with notice to William S. Davis, her guardian.
Read the full summary
ERROR to the common pleas of Columbia county. The administrators of Fanny Cummings deceased, for the use of John M’Reynolds against Nancy Cummings, with notice to William S. Davis, her guardian. This was an action of assumpsit, in a quantum meruit,in which the plaintiff offered the following evidence; That Fanny Cummings, the plaintiff’s intestate, boarded, lodged, clothed, and schooled Nancy Cummings, from the 1st day of June 1830, until the 30th day of June 1835. That William S. Davis, the guardian of said minor, resided in the town of Washington, where the said minor was so boarded,…
1Per curiam
The presumption from a mother’s maintenance of her child, whatever be the means of either, is that she furnished *367it as a gift. If the child has nothing to recur to, the presumption is irresistible; and if it even has an estate, her omission to have it applied by a guardian, is equally so. Perhaps one case could not be picked out of a thousand, in which the presumption would not accord with the fact. They who would set bounds to the generosity of a mother, know, but little about the impulses of such a parent. The presumption, therefore, being legitimately founded in the natural course of…
2Cited by9 opinions
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Hall v. FinchWisconsin Supreme Court · 1871
- Guion v. Guion's AdministratorSupreme Court of Missouri · 1852
- State ex rel. Smith v. MartinMissouri Court of Appeals · 1885
- Seitz's AppealSupreme Court of Pennsylvania · 1878
4 more not listed; retrieve them via the Exa API.