Mohney v. Evans
Supreme Court of Pennsylvania
ErrorPo the Court of Common Pleas of Armstrong county. This was an action of assumpsit brought against Peter Evans, by his guardian, Charity Evans, to recover the price of a pair of oxen, the price agreed upon being $60. John Evans, the father of defendant, died in Armstrong county some time prior to September 1840, leaving his widow, Charity Evans, and his son Peter and some younger children, surviving him.
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ErrorPo the Court of Common Pleas of Armstrong county. This was an action of assumpsit brought against Peter Evans, by his guardian, Charity Evans, to recover the price of a pair of oxen, the price agreed upon being $60. John Evans, the father of defendant, died in Armstrong county some time prior to September 1840, leaving his widow, Charity Evans, and his son Peter and some younger children, surviving him. At September sessions, 1840, Charity Evans was appointed the guardian of Peter Evans. The- estate left by John Evans consisted, almost exclusively, of the farm upon which he died. The…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
What are necessaries for either a married woman or a minor, is a question which is susceptible of no sharp definition, and is generally a question for the jury upon all the circumstances of the case. Yet doubtless the court may, in many cases, pronounce authoritatively on the question and withhold it from the jury. If this defendant had been, at seventeen years of age, a school-boy, or an apprentice learning a trade, a judge would have been quite justifiable in pronouncing his purchase of a pair of bulls an invalid contract, but when we…
2Cases cited1 opinion
- Rundel v. KeelerSupreme Court of Pennsylvania · 1838
3Cited by5 opinions
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- Detwiler v. BowersSuperior Court of Pennsylvania · 1899
- Rivera v. Reading Housing AuthorityDistrict Court, E.D. Pennsylvania · 1993
- Lee v. WilliamsSuperior Court of Pennsylvania · 1906
- Rineer v. Kline, Pennsylvania Court of Common Pleas, Lancaster County1956