Shute v. Dorr
New York Supreme Court
Motion to set aside report of referees. This was an action to recover for work, labor and services done and performed by the son of the plaintiff for the defendant. The declaration contained only the common counts. The cause was heard before referees.
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Motion to set aside report of referees. This was an action to recover for work, labor and services done and performed by the son of the plaintiff for the defendant. The declaration contained only the common counts. The cause was heard before referees. About the first April, 1823, the plaintiff put his son, then between 15 and 16 years of age, to live with the defendant untill he arrived to the age of 21, and to work on his farm ; at the expiration of which time, the defendant was to pay the son $100 and give him two new suits of clothes, and in the mean time to provide him with clothing and…
1Opinion of the Court
By the Court,
Sutherland, J.
There is no reason for interfering with the report as to the amount of damages; in that respect it is fully warranted by the evidence. The only questions necessary to be considered are, 1. Whether the action can be sustained in the name of the father; and 2. Whether the plaintiff should not have declared upon the special contract.
Parents are bound to maintain their children, and are entitled to their services until they are 21 years of age. The law considérs them as the servants of their parents, and as laboring for them, though not in their actual employment.…
2Cited by53 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Basnet v. City of JacksonvilleSupreme Court of Florida · 1882
- Kent v. . KentNew York Court of Appeals · 1875
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Dunphy v. RyanSupreme Court of the United States · 1886
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