Story Case

James McBrinde an infant fourteen years of age became so renowned a musician that his talent was in demand in many cities. In January 1914 McBrinde's father assigned to Edward Reynolds the entire earnings of his son for a year for three thousand dollars. In March 1914 McBrinde's father died and the son refused to permit Reynolds to collect the profits of his recital engagements, and refused to do the bidding of Reynolds. Has the latter any redress?

Ruling Court Case. Osborn Vs. Allen, Volume 26 New Jersey Law Reports, Page 388

This was an action by Osborn against Allen to recover from the latter compensation for work and labor of her son, an infant, done and performed for the defendant and at his request.

It was contended by the defendant that an action cannot be maintained by a mother, the father being dead, for the services of a minor child. It appeared in the evidence that the minor was a member of his mother's family and that for ten years the mother had had the sole charge of the family; that the minor son worked out from home, his mother receiving his wages, and that his washing and mending were done at home.

Mr. Chief Justice Green delivered the opinion of the Court in which he stated: "By the law of this state, while she, the mother, remains unmarried, she has a right to the services of a minor child for whom no guardian has been appointed, so long, at least, as the child remains under her protection. Within these limits, the right of the mother to the services of her children is the same as that enjoyed by the father."

It was therefore held that the plaintiff might recover of the defendant in this action.

Ruling Law. Story Case Answer

We have just seen that the parents are legally compelled to support their children during minority. As a kind of compensation for this, the law gives to the parents the right to the earnings of the children during their minority, so long as the latter remain within the care and control of, and are supported by, their parents.

The father has the sole right to the earnings so long as he lives and performs the duties of a father towards the children. After his death, or after he has left his home and refuses to continue the performance of his duties as the head of the home, the mother is entitled to collect the earnings of the children.

In the Story Case, Reynolds has not any right to the earnings of James McBride, because Reynolds received only the rights which the father possesses, that is, the earnings until the time of the father's death, or until the infant became of age. Reynolds cannot take more altho he has contracted for the earnings of one year.