Opinion
No. 4385.
Submitted February 2, 1955.
Decided February 25, 1955.
In the absence of statute or an express or implied contract a parent is not liable for necessities furnished his minor child by a third party.
ASSUMPSIT, for medical treatment furnished by the plaintiff, Monadnock Community Hospital, to Rita Mei, divorced wife of the defendant, Julio Mei, and for medical and hospital treatment given their minor son, John, in custody of Rita, who was born after the divorce was granted Julio. The Court on an agreed statement of facts found for the plaintiff for the medical and hospital treatment furnished the minor and the defendant excepted. It appeared the child was conceived after the defendant had filed for a divorce but before it was decreed. At a hearing subsequent to the birth of John, an order was made awarding Rita custody and weekly payments for his support, but denying her alimony for herself. The agreed statement of facts is silent as to whether the defendant had complied with the order for support or had any dealings with the plaintiff relative to the services in question. Transferred by Leahy, J.
Joseph T. Cristiano for the plaintiff, furnished no brief.
Walter H. Gentsch and William D. Tribble for the defendant.
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.