Baldwin v. Foster
Massachusetts Supreme Judicial Court
Contract for board, lodging, and clothing, furnished by the plaintiff to the minor child of the defendant. Writ dated May 26, 1883. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: On December 27, 1879, the wife of the defendant left his house, without legal justification, taking with her said child of the defendant, then six years of age, and went with it to the house of the plaintiff, who was her father.
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Contract for board, lodging, and clothing, furnished by the plaintiff to the minor child of the defendant. Writ dated May 26, 1883. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: On December 27, 1879, the wife of the defendant left his house, without legal justification, taking with her said child of the defendant, then six years of age, and went with it to the house of the plaintiff, who was her father. At the time of so leaving, both parties were living together as husband and wife in Malden, in this Commonwealth, and, after this,…
1Opinion of the CourtHolmes, J.
There was evidence that the defendant’s wife left him without cause, taking their child with her ; that the defendant was able and willing to furnish the child with a suitable *453home, and to support it; that he notified his wife and the plaintiff that he was so able and willing; and that, when he was absent from the State, he arranged to have his letters forwarded so that he could always be reached through the mail. If this evidence was believed, there was no ground of necessity or implied authority on which the wife could pledge the defendant’s credit to the plaintiff. Dodge v. Adams, 19 Pick.…
2Cases cited2 opinions
- Brow v. BrightmanMassachusetts Supreme Judicial Court · 1883
- Angel v. McLellanMassachusetts Supreme Judicial Court · 1819
3Cited by18 opinions
- Craddock's CaseMassachusetts Supreme Judicial Court · 1941
- Maschauer v. DownsCourt of Appeals for the D.C. Circuit · 1923
- Foss v. HartwellMassachusetts Supreme Judicial Court · 1897
- Haskell v. HaskellAppellate Division of the Supreme Court of the State of New York · 1922
- Horgan v. Pacific MillsMassachusetts Supreme Judicial Court · 1893
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