Mariner v. Collins

5 Del. 290

• Court: Superior Court of Delaware
• Decided: July 5, 1850
• Status: Published

Opinion

By the Court.

Wherever a person is under a legal liability to pay money or discharge a duty, the law implies a promise to do it. But no promise can be implied from that which is a mere gratuity.

If a person invite a stranger to his house, he cannot turn round and make him a debtor lor food, attendance or necessaries furnished him. If the defendant was the plaintiff’s wife’s mother, living usually at a son’s ; but occasionally visiting among her children ; and being on a visit to the son-in-law’s house, she was taken sick, he could not make her liable for the food, attendance and ne cessaries furnished her in her sickness; nor recover the same from her estate. If he meant to charge her, he ought to have given her notice.

Cullen, for appellant.

But if she went to Collins’ without invitation, or from other facts the jury are satisfied that such was the understanding of the parties, she would be liable for food, attendance and necessaries.

Verdict, for appellant.