Ryan v. Smith
Massachusetts Supreme Judicial Court
Contract, to recover money paid by the plaintiff, a minor. Trial in the Superior Court, without a jury, before Sheldon, J., who found for the plaintiff; and the defendant alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
The only question in this case is whether the judge should have ruled, at the request of the defendant, that the articles purchased by the plaintiff were necessaries. They were a barber’s shop and chair and divers other articles of furniture designed to be used in furnishing a barber’s shop. The plaintiff was a minor, and he had no means of support except what he earned. The law does not contemplate that a minor shall open a shop and become a trader, or the proprietor of a business which involves the making of a variety of contracts. This has long been settled by the authorities. Tupper v.…
2Cases cited3 opinions
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
- Pyne v. WoodMassachusetts Supreme Judicial Court · 1888
- Wallis v. BardwellMassachusetts Supreme Judicial Court · 1879
3Cited by9 opinions
- Schoenung v. GalletWisconsin Supreme Court · 1931
- Ragan v. WilliamsSupreme Court of Alabama · 1930
- Wallace v. LeroyWest Virginia Supreme Court · 1905
- Covault v. NevittWisconsin Supreme Court · 1914
- Frank Spangler Co. v. HauptSuperior Court of Pennsylvania · 1913
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