Rice v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Rice, by. Edward Devine, her guardian ad litem, from a judgment of the County Court of Onomdaga county, entered in the office of the clerk of the county of Onondaga on the 17th day of April, 1897, affirming a judgment of the Municipal Court of Syracuse which dismissed the complaint, with costs.
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Appeal by the plaintiff, Mary Rice, by. Edward Devine, her guardian ad litem, from a judgment of the County Court of Onomdaga county, entered in the office of the clerk of the county of Onondaga on the 17th day of April, 1897, affirming a judgment of the Municipal Court of Syracuse which dismissed the complaint, with costs. This action was begun October 22, 1896, in the Municipal Court of Syracuse to recover twenty-six dollars and twenty-five cents paid ■ on ah executory contract which the plaintiff had rescinded because of her infancy. June 18,1896, the plaintiff, then an infant seventeen…
1Opinion of the Court
Follett, J.:
An infant not under guardianship may enter into a valid contract for a necessary article, but a bicycle is not an article of necessity for a girl seventeen years of age working as a domestic and living in the house of her employer.
The truth of this proposition is so apparent that it hardly needs the support of judicial authority, but nevertheless the question has been decided. (Pyne v. Wood, 145 Mass. 558.) In the case cited a boy seventeen years of age residing with his father and working in a factory which was more than a mile from his father’s house, purchased a bicycle on th e…
2Cases cited10 opinions
- Green v. . GreenNew York Court of Appeals · 1877
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
- Chapin v. . ShaferNew York Court of Appeals · 1872
- Petrie v. WilliamsNew York Supreme Court · 1893
- Pyne v. WoodMassachusetts Supreme Judicial Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cohen v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1898
- Levenberg v. Ludington, New York County Courts1934
- Pulcher v. Qualtiere, New York County Courts1946
- Rice v. ButlerAppellate Division of the Supreme Court of the State of New York · 1898