Bouchell v. Clary
Supreme Court of South Carolina
Motion for a new trial. Assumpsit on a promissory note of hand, tried before Bay, J., in the Circuit Court of Abbeville district. , Defendant -pleaded infancy, to which the plaintiff replied, that the consideration was necessaries; &c.
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Motion for a new trial. Assumpsit on a promissory note of hand, tried before Bay, J., in the Circuit Court of Abbeville district. , Defendant -pleaded infancy, to which the plaintiff replied, that the consideration was necessaries; &c. It appeared in evidence, that the defendant had been placed by his father with the plaintiff, who was a practising physician, to be instructed in the science and practice of medicine; and that the father gave his note of hand to the plaintiff for $100, as a fee, or compensation, for his instruction. After the defendant had been some time with the plaintiff, he…
1Opinion of the CourtBkevard, J.
The replication admits the fact pleaded in bar. The question is, whether an infant can. bind himself by note of hand, and whether the consideration in this case was necessaries. Infants are much favored in law. Generally, all contracts made with, an infant are voidable at the election of the infant. It is an exception to this rule, if the infant ■ biúds himself for necessary meat, drink, apparel, physic, schooling, &c, suitable to his fortune and rank in life. The articles furnished ought to appear to have been necessary for him, and the prices ought to appear reasonable. The exceptions to…
2Cases cited1 opinion
- Swasey v. Administrator of VanderheydenNew York Supreme Court · 1813