Fowlkes v. Baker
Texas Supreme Court
Error from Colorado. The case was tried before Hon. George W. Smith, one of the district judges. Baker sued Fowlkes upon a long merchant’s account for $272 55, all of which was for goods furnished to the son of the defendant, a minor under twenty-one years of age, except a plug of tobacco, which was purchased by the father, and charged because the merchant could not make change.
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Error from Colorado. The case was tried before Hon. George W. Smith, one of the district judges. Baker sued Fowlkes upon a long merchant’s account for $272 55, all of which was for goods furnished to the son of the defendant, a minor under twenty-one years of age, except a plug of tobacco, which was purchased by the father, and charged because the merchant could not make change. After this the son inquired if his father had an account at the store, and learning that he had, he ran up the account, a few of the articles being for the slaves on the plantation, but nearly all for the son, some of…
1Opinion of the CourtWillie, J.
The only portion of the charge assigned *137for error, is that in reference to what would he sufficient evidence of an authority given hy a parent to a child to purchase necessaries for himself. The court instructed the jury on this point that, if the articles were necessaries, slight evidence would he sufficient; such as where the father knows of the purchase, and makes no dissent; or knows of the child’s purchasing on a credit, and does not within a reasonable time forbid further credit being extended to him; or where he sees the child wearing the clothes, or knows that he had received them,…
2Cases cited2 opinions
- Stanton v. WillsonU.S. Circuit Court for the District of Connecticut · 1808
- Owen v. WhiteSupreme Court of Alabama · 1837
3Cited by10 opinions
- Cunningham v. CunninghamTexas Supreme Court · 1931
- Gully v. GullyCourt of Appeals of Texas · 1916
- Girls' Industrial Home v. FritcheyMissouri Court of Appeals · 1881
- Sanger Bros. v. TrammellCourt of Appeals of Texas · 1917
- Snell v. HamCourt of Appeals of Texas · 1912
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