Gale v. Parrot
Superior Court of New Hampshire
THIS was an action of assumpsit, for fifteen hundred dollars, money had and received. The defendants pleaded the general issue, and the cause was tried here at February term, 1816. It appeared in evidence that'the plaintiff was father to one Carter Gale : that said Carter arrived at the age of twenty-one, October 2oth, 1814: that about two years previous to this he left his father’s residence ; after-wards enlisted into the army of the United States ; was discharged at the…
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THIS was an action of assumpsit, for fifteen hundred dollars, money had and received. The defendants pleaded the general issue, and the cause was tried here at February term, 1816. It appeared in evidence that'the plaintiff was father to one Carter Gale : that said Carter arrived at the age of twenty-one, October 2oth, 1814: that about two years previous to this he left his father’s residence ; after-wards enlisted into the army of the United States ; was discharged at the plaintiff’s recpiest; was placed in the employ of one H., at P. ; received a portion of his wages, the remainder being…
1Opinion of the Court
WoodbüRV, J.,*
delivered the opinion of the court.
No pretence exists that the defendants have received any money belonging to the plaintiff, unless it be for the services of his son while a minor. The general right of the parent to recover for such services, cannot be contested. 1 Black. Com. 453.-Co. Litt. 117, note 161.
But that recovery may be modified in its form, or wholly defeated on the merits, by the circumstances of the case. We recollect no positions upon which actions for this cause can be sustained, except the following:
1st. Where the parent makes no express contract with the…
2Cases cited5 opinions
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Day v. EverettMassachusetts Supreme Judicial Court · 1810
- State ex rel. Attorney General v. McCartyIndiana Superior Court · 1872
- Cook v. HustedNew York Supreme Court · 1815
- James v. Le RoyNew York Supreme Court · 1810
3Cited by2 opinions
- Walker v. HamSuperior Court of New Hampshire · 1820
- Jenness v. EmersonSuperior Court of New Hampshire · 1844