Nicholson v. Spencer
Supreme Court of Georgia
Debt, in Stewart Superior Court. Tried before Judge Iverson, April Term, 1852. Benjamin E. Spencer brought suit, against Duncan L. Nicholson, and Mary A., his wife, upon a merchants’s account for goods &c., furnished Mrs. Nicholson before marriage, and when she was an infant. The defendants pleaded that Mrs. Nicholson was furnished with ample necessaries by her guardian, and the articles charged were not necessaries.
Read the full summary
Debt, in Stewart Superior Court. Tried before Judge Iverson, April Term, 1852. Benjamin E. Spencer brought suit, against Duncan L. Nicholson, and Mary A., his wife, upon a merchants’s account for goods &c., furnished Mrs. Nicholson before marriage, and when she was an infant. The defendants pleaded that Mrs. Nicholson was furnished with ample necessaries by her guardian, and the articles charged were not necessaries. The plaintiffs proved that the articles were furnished ; that the infant had a considerable estate, and that the articles were such as were usually furnished young ladies of…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
This is an action brought againstthe defendant and his wife, on a merchant’s account, for goods furnished to the wife before her marriage, and while she was an infant under twenty-one years of age.
The defence set up is, that at the time the goods were furnished by the plaintiff to the defendant’s wife, she had a guardian, who furnished her with such necessaries, &c., as wrere suitable to her rank and condition in life. At the trial, after the evidence had closed, the Court instructed the Jury “ that a guardian had not the same right to judge what…
2Cases cited2 opinions
- Hartwell v. RootNew York Supreme Court · 1822
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
3Cited by16 opinions
- Aiken v. ArmisteadSupreme Court of Georgia · 1938
- English v. PooleCourt of Appeals of Georgia · 1924
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Ensor v. SmithMissouri Court of Appeals · 1894
- Western & Atlantic Railroad v. LochridgeCourt of Appeals of Georgia · 1929
11 more not listed; retrieve them via the Exa API.