Penrose ex rel. Hutchinson v. Curren
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the District Court for the city and county of Philadelphia, this appeared to be an action on the case brought by William Curren, the defendant in error, against Samuel Penrose, who appeared by his guardian Randall Hutchinson, in which the plaintiff below filed the following statement: “ On Saturday the 2d day of June, 1827, the defendant hired from the plaintiff a horse and gig to go to Germantown on the following day.
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IN ERROR. On a writ of error to the District Court for the city and county of Philadelphia, this appeared to be an action on the case brought by William Curren, the defendant in error, against Samuel Penrose, who appeared by his guardian Randall Hutchinson, in which the plaintiff below filed the following statement: “ On Saturday the 2d day of June, 1827, the defendant hired from the plaintiff a horse and gig to go to Germantown on the following day. On the following day, to wit, June 3d, 1827, the defendant took the said horse and gig and rode and drove to Chester in Delaware county, and to…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The law has wisely provided, that infants shall not be liable on contracts, except for necessaries. It cannot be pretended, that here the infant would be liable on the contract of hiring, as the plaintiff has not brought his case within the principle of the exception. The plaintiff rests his right to recover on the fact, that the minor was guilty of a conversion by riding to Chester instead of Germantown. He contends, that wherever trover is the proper form of action, it will lie as well against an infant as an adult, and in this position, it…
2Cited by12 opinions
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- Keen v. ColemanSupreme Court of Pennsylvania · 1861
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