Ryan v. Boltz
The Superior Court of New York City
Appeal from judgment and order denying motion for new trial made upon the minutes. On the trial, it appeared that the plaintiff had furnished, in his own house, board and lodging to the defendant when she was an infant. She had arrived at age before action begun. The board and lodging were furnished at the express request of the general guardian of the defendant. The defendant had means consisting of real property.
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Appeal from judgment and order denying motion for new trial made upon the minutes. On the trial, it appeared that the plaintiff had furnished, in his own house, board and lodging to the defendant when she was an infant. She had arrived at age before action begun. The board and lodging were furnished at the express request of the general guardian of the defendant. The defendant had means consisting of real property. The defendant had made no express request that the board be furnished, or promise to pay the value of the board. It appeared that said bill had never been paid, and that the…
1Opinion of the Court
By the Court.—Sedgwick, J.
The general rule is, that whenever an infant lives with, or is under the care and protection of a parent, master, or guardian, and that care and protection is duly exercised, the infant is not bound by his contract for the articles called necessaries (Reeve’s Dom. Rel. 345 [227]). In Kline v. L’Amoureux, (2 Paige, 419), the chancellor used these words : “An infant is liable for necessaries suitable to his rank and condition, when he has no other means of obtaining them, except by the pledge of his own personal credit. But if he is under the care of a parent or…
2Cases cited3 opinions
- Kline v. L'AmoureuxNew York Court of Chancery · 1831
- Terpening v. SkinnerNew York Supreme Court · 1859
- Clark v. MontgomeryNew York Supreme Court · 1856
3Cited by1 opinion
- Nethercott v. KellyThe Superior Court of the City of New York and Buffalo · 1889