In the following 1839 lawsuit, the plaintiff Reuben Holton, brought suit against the defendant, Charles Patterson, for having made his unwed daughter Abigail pregnant, thus depriving him of the services of his daughter—and servant. Yes, under New York law, and apparently the English courts before, a parent was entitled to their child’s services, and compensatory damages were often awarded for the loss of services of the person seduced. Evidence that the defendant offered to marry the child seduced was not to be taken into consideration in mitigation of the damages. A defendant’s only recourse in fighting the suit would be to show that that the child was not seduced but was unchaste and promiscuous in her intercourse with men. [New York Law of Damages]

Transcription

Superior Court of July Term of the 6th Day of August 1839
Schenectady county

Reuben Holton, Plaintiff, in the suit by John C. Wright, his Attorney, complains of Charles Patterson, defendant, by declaration & not by [ ] according to the statute of a plea of trespass on the case. For that whereas the said defendant contriving & wrongfully & [un___] intending to injure the said plaintiff & to deprive him of the service & assistance of Abigail Holton, the daughter & servant of him, the said plaintiff heretofore to wit, on the seventh day of November 1838 at Duanesburg in the County of Schenectady & on divers other days & times between that day and this…debauched and carnally knew the said Abigail Holton there and then and from thence for a long space of time to wit, hitherto being the daughter and servant of the said Reuben Holton, where the said Abigail Holton became pregnant & sick with child & so remained & continued for a long space of time, to wit, for the space of nine months.,,from the day & year mentioned hitherto became & was unable to do or perform the necessary affairs & business of the said Reuben Holton, so being her father & master as aforesaid, & thereby hem the said Reuben Holton during all that time lost and was deprived of the services of his said daughter & servant [and was] forced and obliged to and did unnecessarily pay, lay out, and spend divers sums of money…one hundred dollars in and about the nursing & taking care of the said Abigail Holton…To the damage of the said plaintiff of two thousand dollars…