Edwards v. Davis
New York Supreme Court
IN ERROR, to the Court of Common Pleas of the county of Jefferson. The defendant in error brought an action of indebitatus assumpsit, in the Court below, against the plaintiffs in error.
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IN ERROR, to the Court of Common Pleas of the county of Jefferson. The defendant in error brought an action of indebitatus assumpsit, in the Court below, against the plaintiffs in error. The declaration alleged, that Hannah, the wife of the de- - 7-17 7 ° 7 ’ . . lendant Edwards, when sole and unmarried, was indebted to the plaintiff below, in the sum of 300 dollars, for meat, drink, washing, lodging, and other necessaries, by the plaintiff found and furnished, at her special instance and request, whilst sole and unmarried, for Samuel and Ruth Clark, her parents; and in the further sum of 300…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the , Court.
On the argument these questions were discussed ; whether, independently of statutory provisions, at common law, a child, having sufficient property, was liable, merely from that relation, to support her parents ; and whether a suit could *285be maintained by any person, furnishing a necessary support to the parents, against such child ?
The duty of a parent to maintain his offspring, until they attain the age of maturity is a perfect common law duty. The liability of a child to support its parents, who are infirm, destitute, or aged, is wholly…
2Cited by49 opinions
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Edelman v. EdelmanWyoming Supreme Court · 1948
- Ulrich v. . UlrichNew York Court of Appeals · 1892
- Dawson v. DawsonSupreme Court of Iowa · 1861
- Kane v. NecciAppellate Division of the Supreme Court of the State of New York · 1935
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