Legal Opinion

Luce v. Jestrab

North Dakota Supreme Court

Decided December 16, 1903PublishedCited by 8 opinions

Appeal from District Court, Walsh county; Kneeshaw, J. Action by F. I. Luce against Frank Jestrab, Jr. Judgment for plaintiff, and defendant appeals. The horses bought by the minor were not necessaries under the statute. Norse v. Alexander, 55 A. R. 189; Decell v. Lowenthal, 34 A. R. 449; Rainwater v. Durham, 10 A. D. 637; Brave v. Hole, 21 Tenn. 27; Wornack v. Loas, 11 S. W. Rep. 438; Horstmeyer v. Connors, 36 Mo.

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Appeal from District Court, Walsh county; Kneeshaw, J. Action by F. I. Luce against Frank Jestrab, Jr. Judgment for plaintiff, and defendant appeals. The horses bought by the minor were not necessaries under the statute. Norse v. Alexander, 55 A. R. 189; Decell v. Lowenthal, 34 A. R. 449; Rainwater v. Durham, 10 A. D. 637; Brave v. Hole, 21 Tenn. 27; Wornack v. Loas, 11 S. W. Rep. 438; Horstmeyer v. Connors, 36 Mo. App. 115. Minor is not bound to pay contract price, but “the reasonable value” of necessaries. Rev. Codes, section 2704. Note given for necessaries is void. Swasey v.…

1Opinion of the CourtYoung, C. J.

Plaintiff sues upon a promissory note for $225 executed and delivered by the defendant on April 13, 1901, and by its terms due on October 1st thereafter. The defendant, in his answer, admitted the execution of the note, but denied that he is indebted thereon, and alleged as a defense that on the date of the execution of the note he was a minor; that he did not reach his majority until May 12, 1901; that the note was given for a team of horses purchased by him from the plaintiff, and for no other consideration; that"on the 4th day of February, 1902, and within one 3'ear after reaching his…

2Cases cited9 opinions

  1. Craig v. Van BebberSupreme Court of Missouri · 1890
  2. McCarthy v. NicrosiSupreme Court of Alabama · 1882
  3. Henry v. . RootNew York Court of Appeals · 1865
  4. Booby v. McKenneySupreme Judicial Court of Maine · 1844
  5. Hastings v. DollarhideCalifornia Supreme Court · 1864

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3Cited by8 opinions

  1. Hobbs v. Hinton Foundry, Machine & Plumbing Co.West Virginia Supreme Court · 1914
  2. Murdock v. Fisher Finance CorporationCalifornia Court of Appeal · 1926
  3. In re the Guardianship of CampbellNorth Dakota Supreme Court · 1927
  4. Casement v. CallaghanNorth Dakota Supreme Court · 1916
  5. Moran v. Williston Cooperative Credit UnionNorth Dakota Supreme Court · 1988

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