Kline v. L'Amoureux
New York Court of Chancery
This cause was” heard on exceptions to the report of master Hoyt,- disallowing the claims of the petitioners against the estate of J'ohn Stafford in the hands of his committee. By the evidence before the master, it appeared that the father of John Stafford died in October, 1819, leaving him then about 19 years of age, and entitled to a very considerable estate.
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This cause was” heard on exceptions to the report of master Hoyt,- disallowing the claims of the petitioners against the estate of J'ohn Stafford in the hands of his committee. By the evidence before the master, it appeared that the father of John Stafford died in October, 1819, leaving him then about 19 years of age, and entitled to a very considerable estate. In JÑovember of the same year, Spencer Stafford, the uncle of J ohn, was appointed his guardian, by the surrogate of the <£>unty of Albany, and assumed the discharge of that trust. The guardian provided suitable boarding places for his…
1Opinion of the Court
The Chancellor.
An infant is liable for necessaries, suitable to his rank and condition, when he has no other, means of. obtaining them except by the pledge of his own personal credit.- .But if he is under the care of a parent or guardian, who has the-means, and is willing to furnish him what is actually necessary, the _ infant can make no binding contract for any article whatever, without the consent of his legal protector and adviser. In Brainbridge v. Pickering, (2 W. Black R. 1325,) the court held that an infant could not bind herself to a stranger, und.er such circumstances, for what ■…
2Cited by11 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Willcox v. SmithNew York Supreme Court · 1858
- Santasiero v. BriggsAppellate Division of the Supreme Court of the State of New York · 1951
- McKanna v. MerryIllinois Supreme Court · 1871
- Streever v. BirchNew York Supreme Court · 1891
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