Monadnock Community Hospital v. Mei

Supreme Court of New Hampshire

Monadnock Community Hospital v. Mei

111 A.2d 834, 99 N.H. 398, 1955 N.H. LEXIS 34

CourtSupreme Court of New Hampshire

DecidedFebruary 25, 1955

DocketNo. 4385

StatusPublished

This text of 111 A.2d 834 (Monadnock Community Hospital v. Mei) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Monadnock Community Hospital v. Mei, 111 A.2d 834, 99 N.H. 398, 1955 N.H. LEXIS 34 (N.H. 1955).

Pincite

Opinion

Blandin, J.

The long established law in this state is that in the absence of statute or a contract, express or implied, a parent is not liable for necessities furnished his minor child by a third party. Kelley v. Davis, 49 N. H. 187; Clapp v. Brighi, 93 N. H. 431, 433; see also, Woodman v. Peck, 90 N. H. 292, 293; State v. Tetreault, 97 N. H. 260, 261. Such too is the general rule elsewhere. 67 C. J. S., Parent and Child, 699. Cases in this state which have allowed recovery for necessities furnished a minor by a third party depend on facts permitting a conclusion that the parent promised to pay. McConnell v. Lamontagne, 82 N. H. 423. The record before us discloses no facts which would warrant such a finding. Whether the order for support should be modified to compel the defendant to pay these expenses would be a matter for the Superior Court if Rita should file a petition requesting such relief.

Judgment for the defendant.

All concurred.

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Blandin, J.

The long established law in this state is that in the absence of statute or a contract, express or implied, a parent is not liable for necessities furnished his minor child by a third party. Kelley v. Davis, 49 N. H. 187; Clapp v. Brighi, 93 N. H. 431, 433; see also, Woodman v. Peck, 90 N. H. 292, 293; State v. Tetreault, 97 N. H. 260, 261. Such too is the general rule elsewhere. 67 C. J. S., Parent and Child, 699. Cases in this state which have allowed recovery for necessities furnished a minor by a third party depend on facts permitting a conclusion that the parent promised to pay. McConnell v. Lamontagne, 82 N. H. 423. The record before us discloses no facts which would warrant such a finding. Whether the order for support should be modified to compel the defendant to pay these expenses would be a matter for the Superior Court if Rita should file a petition requesting such relief.

Judgment for the defendant.

All concurred.

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Bluebook (online)

111 A.2d 834, 99 N.H. 398, 1955 N.H. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monadnock-community-hospital-v-mei-nh-1955.