Sinklear v. Emert
Illinois Supreme Court
This ease originated in the county court of Pike county, and began by citation on appellant, guardian of Walter Sinklear. The plaintiff claimed allowance for $112, thus : Walter Sinklear Dr. to Henry Emert. March ith, A. D. 1853. Vermifuge, 25c.; Bateman’s drops, 10c., etc. etc.; and two years’ board, at $1.00 per week; in all $112.00. Trial and suit dismissed at plaintiff’s cost, and appeal taken to the Pike Circuit Court, by plaintiff.
Read the full summary
This ease originated in the county court of Pike county, and began by citation on appellant, guardian of Walter Sinklear. The plaintiff claimed allowance for $112, thus : Walter Sinklear Dr. to Henry Emert. March ith, A. D. 1853. Vermifuge, 25c.; Bateman’s drops, 10c., etc. etc.; and two years’ board, at $1.00 per week; in all $112.00. Trial and suit dismissed at plaintiff’s cost, and appeal taken to the Pike Circuit Court, by plaintiff. The defendant there moved a dismissal of the appeal, for the want of a sufficient appeal bond. Motion overruled. The cause was then submitted to the court,…
1Opinion of the CourtCaton, J.
Here was a special agreement, made by the father of the infant, to pay for his board. In pursuance of that agreement, the plaintiff below boarded and took care of the infant two years; and now, on the failure of the father to pay for it, he sues the child, for the pin-pose of recovering out of the infant’s estate. There can be no pretense for charging the infant, or his estate, with the amount. 1 The credit was given to the father, and not to the infant. It is not like the case of .necessaries, furnished an infant on his credit. Even waiving the question of infancy, and the father alone would…
2Cited by3 opinions
- Estate of Woodring v. Liberty Mutual Fire InsuranceAppellate Court of Illinois · 1979
- Logan Furniture Mart, Inc. v. DavisAppellate Court of Illinois · 1972
- Emery-Bird-Thayer Dry Goods Co. v. CoomerMissouri Court of Appeals · 1901