Hepburn v. Hoag
New York Supreme Court
Debt on the penalty of articles of agreement, tried at the Columbia circuit, in September, 1824, before Betts, (late) C. Judge.
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Debt on the penalty of articles of agreement, tried at the Columbia circuit, in September, 1824, before Betts, (late) C. Judge. By the articles, the defendants agreed, (inter alia,) to pay $500, and maintain and support the plaintiff, his mother and sister, in sickness and health, in all necessary and comfortable meat, drink, washing, lodging, wearing apparel, medicine and medical attendance ; and in all other convenient and comfortable respects, which their circumstances and situations might require. To these things they bound themselves in the penalty of $2000. One of the breaches assigned…
1Opinion of the Court
Curia, per
W oodworth, J.
It seems to me this is clearly a case of unliquidated damages. The question is, not simply, what is the value of boarding and lodging by the week or otherwise ? or how much should be charged by a physician for defined and specific services ? or what is a reasonable sum for a certain quantity of medicine ? but it involves this inquiry : what shall be considered as *615necessary and comfortable support and apparel ? It must be suited to the circumstances of the plaintiff; and depends on a fair and reasonable construction of the covenant. On this point, a jury would be…
2Cases cited1 opinion
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