Story Case

John Mclntyre became insolvent in December of 1913 and thereafter failed to provide for his family as he should. In February 1914, John Mclntyre Junior, a son of eighteen years old, made a very lucrative contract with a baseball team to play ball during the following season. Under this contract money was immediately due to the son for services to be rendered. When the creditors of the father learned of this they immediately tried to attach this money due, on the ground that it was an asset belonging to the father. Is this correct?

Ruling Court Case. Commonwealth Vs. Graham, Volume 157 Massachusetts Reports, Page 73

The defendant, who was a minor, had married without the consent of his parents. After he had been married some time he left his wife and upon the demand of his father gave him most of his earnings. He was indicted under a statute which provided that a husband might be fined in case he did not properly support his wife. He contended that his father had the first claim to his earnings, and that after giving to his father sufficient amount to support him, there was nothing left with which to support his wife.

Decision: "We are of opinion that these circumstances make it necessary to hold that an infant husband is entitled to his own wages, so far as they are necessary for his own support and that of his wife and children, even if he married without his father's consent."

When the parent has relinquished or lost his right to the child's earnings, such earnings belong to the child as against the parent and as against all persons claiming through or under the parent.

Therefore the infant husband should have supported his wife and is liable under the statute for failure to do this.

Ruling Law. Story Case Answer

So long as the infant remains at home and is supported by his parents, in return for the care and support of the parents, the latter are entitled to his earnings. On the other hand, if he leaves home, receives no support from his parents, makes his own way and supports himself, the right of the parents to his earnings is gone. "With equal reason, if the infant marries, he assumes a new relationship which is inconsistent with his relationship to his father. He incurs obligations which conflict with his obligations to his father and mother. In such a case the parents are generally held to be no longer entitled to his earnings. His primary obligation is then to care for and support his family and to provide for the future.

In the Story Case, since Mclntyre Senior had become insolvent and abandoned his family to the extent of failing to provide for them, he has no right to the earnings of the son. Mclntyre creditors can claim no greater rights than the father possessed and therefore they cannot claim the earnings of the son.