Martin v. Payne
New York Supreme Court
THIS was an action of trespass on the case, for debauching and getting with child Lanah, the daughter and servant of the plaintiffj by which he lost her service, and was obliged to expend a large sum of money for the expenses of her lying in, &c. The cause was tried at the Washington circuit, in June, 1811, before Mr. Justice Spencer.
Read the full summary
THIS was an action of trespass on the case, for debauching and getting with child Lanah, the daughter and servant of the plaintiffj by which he lost her service, and was obliged to expend a large sum of money for the expenses of her lying in, &c. The cause was tried at the Washington circuit, in June, 1811, before Mr. Justice Spencer. At the trial the daughter of the plaintiff was produced as a witness, and proved the seduction, and pregnancy, &c. that at the time of the seduction, which was in the spring of the year 1810, she was 19 years of age, and lived in the house of her uncle, with…
1Opinion of the CourtSpencer, J.
The case of Dean v. Peel (5 East, 49.) is against the action. It was there held that the daughter being in the service of another, and having no animus revertendi, the relationship of master and servant did not exist. In the present case, the father had made no contract hiring out his daughter, and the relation of master and servant did exist, from the legal control he had over her services; and although she had no intention of returning, that did not terminate the relation, because her volition could not affect his rights. That is the only case which has ever denied the right of the father…
2Cited by30 opinions
- Riddle v. McGinnisWest Virginia Supreme Court · 1883
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Wilcox v. First National BankTexas Supreme Court · 1900
- Lavery v. CrookeWisconsin Supreme Court · 1881
25 more not listed; retrieve them via the Exa API.