Guthrie v. Murphy
Supreme Court of Pennsylvania
ERROR to Franklin county. This was an action of assumpsit by John H. Murphy against Newton B. Guthrie, to recover 223 dollars for boarding and clothing the defendant during his minority. The facts were, that a contract was made between the parties during the minority of the defendant, by which he bound himself to remain with the plaintiff to learn the business of a taylor. The guardian of the defendant refused to give his assent to the contract.
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ERROR to Franklin county. This was an action of assumpsit by John H. Murphy against Newton B. Guthrie, to recover 223 dollars for boarding and clothing the defendant during his minority. The facts were, that a contract was made between the parties during the minority of the defendant, by which he bound himself to remain with the plaintiff to learn the business of a taylor. The guardian of the defendant refused to give his assent to the contract. After the defendant had remained two years with the plaintiff, he left his service on account of ill health. While he remained, the plaintiff…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—Infants constitute a class of society unable, from *81want of sufficient discretion, to judge what is best in the regulation of their conduct, and the disposition of their property : and the law, on that account, provides for the appointment of guardians where they are destitute of parents. This safeguard would be of little avail, if third persons, passing it by, could deal directly with the infant, and bind him by his contract. He would be left exposed to the consequences of his own thoughtlessness and credulity, and of the craft of others.…
2Cases cited1 opinion
- Wailing v. TollNew York Supreme Court · 1812
3Cited by8 opinions
- People v. PowellCalifornia Court of Appeal · 1974
- McKanna v. MerryIllinois Supreme Court · 1871
- Commonwealth ex rel. Webster v. FoxSupreme Court of Pennsylvania · 1847
- Hughes v. Gallans, Pennsylvania Court of Common Pleas, Schuylkill County1874
- Phelps v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1881
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