Story Case

Edith Hudson, the wife of Henry Hudson was persuaded by her parents to leave her husband. She took with her their two children, four and six years of age. Henry Hudson was an irresponsible and dissolute man and had failed to provide properly for his family. "When the mother and children went to live with her parents, her father gave each of the children sufficient money for their maintenance. Nevertheless, at the end of four years time, when Henry Hudson had by an unexpected event of fortune acquired some money, his wife brought suit against him to recover for all the necessaries furnished to the children to that time. Can she recover?

Ruling Court Case. Gilley Vs. Gilley, Volume 79 Main Reports, Page 292; Volume 1 American State Reports, Page 307

The plaintiff and defendant in this case had been husband and wife. The defendant deserted her and she obtained a divorce on grounds of desertion and non-support. In the decree of divorce nothing was said about the care, custody and support of the children of the union. From the time that the divorce was granted, it appeared that the wife, the plaintiff, had supported the children of the union. She now brings this action against the defendant for necessaries which she had furnished to the children during this time.

Decision: The father of the children, because of the natural relation which exists between him and the child, is under a legal duty to support them during their minority. If he refuses to do so and a third person furnishes necessaries to such minor children, such third persons are entitled to recover therefor from the father. This duty of the father to support the children is not affected by the fact that he has been divorced from his wife.

It was held that the plaintiff was entitled to recover of the defendant the money by her paid out in furnishing necessaries for the children born during the marriage relation between the plaintiff and defendant.

Ruling Law. Story Case Answer

Unless children are cared for and properly supported by their parents, they eventually become a charge upon and a menace to society. Because of the natural relation existing between parent and child, society imposes upon them the duty of supporting their offspring. This social duty has been made a legal duty and parents are legally obliged to care for and support their children during minority, if the children remain in their care and custody.

If the father fails or refuses to provide the proper necessaries of life for the well being of his infant progeny, third persons furnishing the same to the children, are legally entitled to collect or recover the value thereof from the parents. The father who is able to do so is bound to maintain and educate his children at his own expense, altho the children may have property of their own sufficient for the purpose, as is true in the Story Case. Therefore Hudson is liable to his wife in the suit brought to recover an amount expended for the children for necessaries.