Randall v. Sweet
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried before Monell, 0. Judge, in August, 1843. The case was this: The plaintiff and defendant were partners in business in the sale of goods. In August, 1841, the partnership was dissolved: the defendant purchased the plaintiff’s interest in the concern for $1500, and gave his notes to the plaintiff for the amount, payable at future periods. On one of those notes, for $75, this action was brought.
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Assumpsit, tried before Monell, 0. Judge, in August, 1843. The case was this: The plaintiff and defendant were partners in business in the sale of goods. In August, 1841, the partnership was dissolved: the defendant purchased the plaintiff’s interest in the concern for $1500, and gave his notes to the plaintiff for the amount, payable at future periods. On one of those notes, for $75, this action was brought. Soon after the dissolution Root & McNaughton presented the plaintiff with an account for his board at two dollars a week, and some other things, amounting altogether to- $45,63. The…
1Opinion of the Court
By the Court, Bronson, Ch. J.
An infant is not answerable for money borrowed, though expended by him for necessaries : nor for money borrowed to buy necessaries, unless it was actually so applied. And perliapS the infant is not answerable in that case, unless the lender either lays out the money himself, or sees it laid out for necessaries. But where that is done, the infant is answerable for the money, the same as he would have been for the necessaries had they been directly furnished by the lender. (Earle v. Peale, 1 Salk. 386; 10 Mod. 67, S. C. ; Ellis v. Ellis, 12 id. 197; Comb. 482; 3…
2Cited by10 opinions
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- Gray v. SandsAppellate Division of the Supreme Court of the State of New York · 1901
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