Benson v. Remington
Massachusetts Supreme Judicial Court
This was an action of assumpsit brought by the plaintiff for wages due him for the services of his daughter. Upon the general issue pleaded, the cause was tried before Sewall, J., in December last.
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This was an action of assumpsit brought by the plaintiff for wages due him for the services of his daughter. Upon the general issue pleaded, the cause was tried before Sewall, J., in December last. There was a verdict for the plaintiff; and now Ashman, on the part of the defendant, moves for a new trial, on the report of the judge, which was in substance as follows: — The plaintiff supposes the term of service, for which he demands wages, to commence in July, 1801. It appears that his daughter, Phoebe Benson, by whose labor these wages have been earned, was then thirteen years of age; that…
1Opinion of the Court
Sewall, J.,
observed that, at the trial, he had some doubts in this cause; but since that time, on recurring to the books, and recollecting some former determinations of this Court,'he had satisfied himself that the verdict ought to stand.
* Sedgwick, J.
I will not say that, where a parent [ * 115 ] wholly abandons his child, as the defendant’s counsel seems to suppose the plaintiff has done here, he has a right to the earnings of such child. This is not, however, the present case. It appeared that the plaintiff had paid attention to the child. Every thing that had taken place relative to the…
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3Cited by25 opinions
- Homer v. BrownSupreme Court of the United States · 1854
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- Gilley v. GilleySupreme Judicial Court of Maine · 1887
- Morse v. WeltonSupreme Court of Connecticut · 1827
- Badger v. BadgerU.S. Circuit Court for the District of Massachusetts · 1859
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