Hoyt v. Casey
Massachusetts Supreme Judicial Court
Contract on an account annexed to recover the sum of $47.25 tor medical attendance and medicine. The defendant answered that he was a minor under the age of twenty-one years. The plaintiff replied that the sum sued for was for necessaries furnished the defendant suitable to his estate and degree.
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Contract on an account annexed to recover the sum of $47.25 tor medical attendance and medicine. The defendant answered that he was a minor under the age of twenty-one years. The plaintiff replied that the sum sued for was for necessaries furnished the defendant suitable to his estate and degree. At the trial in the Superior Court, before Wilkinson, J., it waa agreed that the plaintiff was a practising physician, and that he attended the defendant professionally and furnished him medicines, as charged in the account annexed. The defendant’s mother testified that he was not twenty-one years of…
1Opinion of the CourtDevens, J.
In this case it did not appear at whose request the services for the value of which this action was brought were rendered, or that any information was given the defendant, who *399was a minor residing in the house of his father, until after the services were performed, that any charges were being made against him therefor, or that he was expected to pay for the same. After the services were rendered, but during his minority, there was evidence that the defendant said that he would pay for such services, but this could have no binding effect as a legal promise. His liability must depend upon the…
2Cases cited2 opinions
- Angel v. McLellanMassachusetts Supreme Judicial Court · 1819
- Wailing v. TollNew York Supreme Court · 1812
3Cited by13 opinions
- Luster v. LusterMassachusetts Supreme Judicial Court · 1938
- Garay v. OverholtzerCourt of Appeals of Maryland · 1993
- Wiley v. FullerMassachusetts Supreme Judicial Court · 1942
- Madison General Hospital v. HaackWisconsin Supreme Court · 1985
- Gardner v. FlowersTennessee Supreme Court · 1975
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