Simms v. Norris
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas county. This case was carried by appeal, from a Justice of the Peace to the Circuit Court, which gave judgment for the plaintiff upon this state of facts. The defendant is a minor, and was living under the control of a guardian duly appointed over her. She went to the store of the plaintiffs in company with her guardian’s wife, and purchased some articles, necessary and suitable to her condition in life.
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Writ of Error to the Circuit Court of Dallas county. This case was carried by appeal, from a Justice of the Peace to the Circuit Court, which gave judgment for the plaintiff upon this state of facts. The defendant is a minor, and was living under the control of a guardian duly appointed over her. She went to the store of the plaintiffs in company with her guardian’s wife, and purchased some articles, necessary and suitable to her condition in life. These were charged to the guardian, as other articles of a similar land, previously had been purchased and paid for. The plaintiffs gave credit to…
1Opinion of the CourtGoldthwaite, J.
As we understand the case, no question arises out of its facts, as to the nature and extent of the liability of an infant for necessaries furnished; because, in point of fact, *43no credit whatever, was given to the infant, but the goods were supplied solely upon the credit of the guardian, and were charged to him. The circumstance that the credit was induced by the fact that his ward had an estate of her own, from which the payment was expected to come, cannot change the character of the contract. The guardian is personally responsible to the plaintiffs, and his refusal or inability to pay,…
2Cited by4 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Clark v. CaslerIndiana Supreme Court · 1848
- Baker v. GrovesIndiana Court of Appeals · 1891