Johnson v. Silsbee
Supreme Court of New Hampshire
Tins was assumpsit brought by Johnsou & Fisher against IL W. Silsbee, and one W. F. Howard, trustee. The only questions raised related to the liability of the trustee. The depositions of the trustee and others were submitted to the court from which the following facts appear. The trustee bought of defendant and- of his daughter, J. Arlette Silsbee a sewing machine, for which he agreed to pay the sum of $65.00, no part of which had been paid.
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Tins was assumpsit brought by Johnsou & Fisher against IL W. Silsbee, and one W. F. Howard, trustee. The only questions raised related to the liability of the trustee. The depositions of the trustee and others were submitted to the court from which the following facts appear. The trustee bought of defendant and- of his daughter, J. Arlette Silsbee a sewing machine, for which he agreed to pay the sum of $65.00, no part of which had been paid. They both spoke of the machine as belonging to the daughter, and the trustee understood at the time that it was hers, though her father assisted her in…
1Opinion of the CourtSmith, J.
There is no evidence, that the minor bought the machine for, or on behalf of, her father.
Apart from the fact, that the twenty dollars paid came from her earnings, there could be no doubt that the machine was the property *544of the minor. So far as it was bought on credit, it was on her credit, not on her father’s. Although a father is entitled to'the earnings of his child as a recompense for his liability to support the child, * he has no power over his child’s estate except as his trustee or guardian; 1 Blackstone’s Com. 453. “ He has no title to the property of the child, nor is the capacity…
2Cases cited7 opinions
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Bobo v. BrysonSupreme Court of Arkansas · 1860
- Lyon v. BollingSupreme Court of Alabama · 1848
- Godfrey v. HaysSupreme Court of Alabama · 1844
- Tillotson v. McCrillisSupreme Court of Vermont · 1839
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