Atchison v. Bruff
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought upon an indebitatus count, for goods sold and delivered; work, labor and services, and materials furnished at the defendant’s request, claiming judgment for $61.91. The defendant, by her guardian ad litem, in her answer, in substance, denied all the allegations set forth in the complaint.
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APPEAL from a judgment entered upon the report of a referee. The action was brought upon an indebitatus count, for goods sold and delivered; work, labor and services, and materials furnished at the defendant’s request, claiming judgment for $61.91. The defendant, by her guardian ad litem, in her answer, in substance, denied all the allegations set forth in the complaint. Eor a further answer and defense, in substance, she alleged that she was an infant of the age of sixteen years, and had theretofore, during her infancy, lived with her father, James M. Bruff, and her mother, Althea A. Bruff ’…
1Opinion of the Court
By the Court,
Johnson, J.
Upon the facts found by the referee, the right of the plaintiff to recover for the value of the goods furnished, against the defendant, notwithstanding her infancy, is entirely clear. The goods furnished were necessary clothing, in every way suitable to her condition in *384life and social position. They were furnished at her request, with the consent of her mother, with whom she resided, and with the expectation and understanding, on her part, and on the part of her mother, that they were to he paid for out of her funds, or her portion of her deceased father’s estate.…
2Cases cited1 opinion
- Kline v. L'AmoureuxNew York Court of Chancery · 1831
3Cited by4 opinions
- Goodman v. . AlexanderNew York Court of Appeals · 1901
- Goodman v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1898
- Hovell v. NollNew York City Court · 1894
- Goodman v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1898