Trainer v. Trumbull
Massachusetts Supreme Judicial Court
Contract upon an account annexed, for “board, washing, doctor’s bills, medicine, care, books,” etc., from November 14, 1877, to November 1, 1883, $1301.57, with a credit of $219.34, received from E. S. Cutter at various times, and applied towards the charges for the years 1877 and 1878, leaving a balance due of $1082.23. Writ dated December 10,1883. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows:…
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Contract upon an account annexed, for “board, washing, doctor’s bills, medicine, care, books,” etc., from November 14, 1877, to November 1, 1883, $1301.57, with a credit of $219.34, received from E. S. Cutter at various times, and applied towards the charges for the years 1877 and 1878, leaving a balance due of $1082.23. Writ dated December 10,1883. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant is a minor, who was born in January, 1868, and was the only child of George Bryant Trumbull, who, on…
1Opinion of the CourtC. Allen, J.
The practical question in this case is, whether the food, clothing, «fee. furnished to the defendant were necessaries for which he should be held responsible. This question must be determined by the actual state of the case, and not by appearances. That is to say, an infant who is already well provided for iu respect to board, clothing, and other articles suitable for his condition, is not to be held responsible if any one supplies to him other board, clothing, <fec., although such person did not know that the infant was already well supplied. Angel v. McLellan, 16 Mass. 28. Swift v. Bennett,…
2Cases cited3 opinions
- Angel v. McLellanMassachusetts Supreme Judicial Court · 1819
- Gay v. BallouNew York Supreme Court · 1830
- Epperson v. NugentMississippi Supreme Court · 1879
3Cited by23 opinions
- Taylor v. DeseveTexas Supreme Court · 1891
- Goodman v. . AlexanderNew York Court of Appeals · 1901
- Schmidt v. Prince George's HospitalCourt of Appeals of Maryland · 2001
- Wiley v. FullerMassachusetts Supreme Judicial Court · 1942
- Wallace v. LeroyWest Virginia Supreme Court · 1905
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