Andrus v. Foster
Supreme Court of Vermont
In this case the whole matter in controversy was tried upon a declaration in offset filed by the defendant. Judgment to account was rendered, and an auditor was appointed, who reported, in substance, as follows. In 1821 the defendant, being childless, took the plaintiff’s wife, then Susan Sanderson, who was then about eight or nine years of age, and who was a niece of his wife, to live with him until she should become of age.
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In this case the whole matter in controversy was tried upon a declaration in offset filed by the defendant. Judgment to account was rendered, and an auditor was appointed, who reported, in substance, as follows. In 1821 the defendant, being childless, took the plaintiff’s wife, then Susan Sanderson, who was then about eight or nine years of age, and who was a niece of his wife, to live with him until she should become of age. She continued to reside in hjs family until she became eighteen years of age, when he informed her that she was free to go, — but told her, that, <£ if she remained with…
1Opinion of the Court
The" opinion of the court was delivered by
Redfield, J.
The important question in this case is, whether a child, or foster-child, remaining at the house of its parent, after the age of, majority, and making that a home, the same as before, and assisting in the household labors, (the child being a daughter,) is entitled to a pecuniary compensation for her labor, the same as a stranger. We think it difficult to lay down any general rule upon the subject. Every case will be more or less affected by its own peculiar circumstances. The amount and kind of labor, the ability and necessity of the…
2Cases cited1 opinion
- Fitch v. PeckhamSupreme Court of Vermont · 1844
3Cited by26 opinions
- Bolling v. Bolling's Admr.Court of Appeals of Kentucky · 1912
- Williams v. HutchinsonNew York Supreme Court · 1849
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
- Hays v. McConnellIndiana Supreme Court · 1873
- Marsh v. PotterNew York Supreme Court · 1860
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