Kilgore v. Rich
Supreme Judicial Court of Maine
On exceptions. This was an action of assumpsit on an account annexed. The defendant pleaded the general issue, with a brief statement averring his infancy. The case is stated in the opinion. An infant may bind himself to pay for his good teaching and instruction, whereby he may profit himself afterwards. Co. Lit. 172. Money paid for an infant for necessaries is recoverable from Mm. Chit. Con. 142; Mete.
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On exceptions. This was an action of assumpsit on an account annexed. The defendant pleaded the general issue, with a brief statement averring his infancy. The case is stated in the opinion. An infant may bind himself to pay for his good teaching and instruction, whereby he may profit himself afterwards. Co. Lit. 172. Money paid for an infant for necessaries is recoverable from Mm. Chit. Con. 142; Mete. Con. 79; Swift v. Bennett, 10 Cush. 436 ; Randall v. Sweet, 1 Den. 460; Conn v. Coburn, 7 N. H. 368; 3 Bac. Abr. 394; Robinson v. Weeks, 56 Maine, 102. If an infant has lived with his parents…
1Opinion of the CourtPeters, C. J.
The jury found that, at the request of the defendant, then an infant, the plaintiff paid for him a board bill which he had previously contracted while attending school. It *306was ruled at the trial that the expense of an infant's hoard while attending school might be regarded as necessaries. The correctness of this ruling is perhaps unquestioned. At all events, Coke’s enumeration of the kinds of necessaries has always been accepted as true doctrine, which are these : "Necessary meat, drink, apparel, necessary physic, and such other necessaries, and likewise his good teaching, or instruction,…
2Cases cited1 opinion
- Randall v. SweetCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Merrick v. StephensMissouri Court of Appeals · 1960
- Johnson v. NewberryTexas Supreme Court · 1924
- Mauldin v. Southern Shorthand & Business UniversitySupreme Court of Georgia · 1906
- Spaulding v. New England Furniture Co.Supreme Judicial Court of Maine · 1959
- Reed Bros. v. GibersonSupreme Judicial Court of Maine · 1947
1 more not listed; retrieve them via the Exa API.