Freeman v. Robinson
Supreme Court of New Jersey
Action was brought before the First District Court of the city of Newark to recover for goods sold by the plaintiffs to a minor child of defendant, upon defendant’s credit. The cause was tried before a jury. The plaintiffs proved their books of account, showing the entries against the father for the son. It was proved that the goods were sold by the plaintiffs without the order, knowledge or consent of the defendant.
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Action was brought before the First District Court of the city of Newark to recover for goods sold by the plaintiffs to a minor child of defendant, upon defendant’s credit. The cause was tried before a jury. The plaintiffs proved their books of account, showing the entries against the father for the son. It was proved that the goods were sold by the plaintiffs without the order, knowledge or consent of the defendant. The jury found a verdict for plaintiffs, upon which judgment was entered. The defendant being dissatisfied with the direction of the judge in point of law, appealed to the Court…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The duty of a father to provide maintenance for his children is a mere moral obligation. Except in cases within the statute of Elizabeth, and by the procedure there pointed out, he is not legally compellable to perform this duty.
No action can be maintained against a father for goods purchased on his credit by his minor child, even though they be necessaries, unless the father has expressly or impliedly authorized the purchase on his credit. The authority of an infant to bind the father by contract for necessaries may be inferred from slight…
2Cases cited4 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Cook v. BradleySupreme Court of Connecticut · 1828
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
- Geer v. ArcherNew York Supreme Court · 1848
3Cited by6 opinions
- Grotsky v. GrotskySupreme Court of New Jersey · 1971
- Cohen v. CohenNew Jersey Superior Court Appellate Division · 1949
- Mowery v. MoweryNew Jersey Superior Court Appellate Division · 1955
- Kopack v. PolzerNew Jersey Superior Court Appellate Division · 1949
- Greenspan v. SlateNew Jersey Superior Court Appellate Division · 1952
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