Cox's Guardian v. Storts
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY APPEAL FROM WARREN CIRCUIT COURT. 1. The credit for the tuition and board was given to the father and not to his infant daughter, and did not bind her or her estate.
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Case 13 — PETITION EQUITY APPEAL FROM WARREN CIRCUIT COURT. 1. The credit for the tuition and board was given to the father and not to his infant daughter, and did not bind her or her estate. (Tyler on Infancy and Coverture, page 102; 1 Parsons on Contracts, 311; 1 Smith's Leading Cases, pp. 245, 246; 11 N. H. 51.) It was her father’s debt, and therefore her estate can not be subjected to its payment. 1. Board and tuition are necessaries for which the estate of the infant appellant was properly held to be liable (Ewell on Infancy, pp. 60, 61), and for which she is liable on an implied…
1Opinion of the CourtChief Justice Pr Yob
This is a proceeding to subject the real estate of an infant to the payment of her board and tuition for ten months. The appellee, while teaching a female school at Bowling Green, contracted, as he says, with the father of the infant, by which he was to board and educate the daughter for an agreed price, the money to be paid from the proceeds of the infant’s real estate.
The testimony is conflicting as to the nature of the contract between the father and the appellee, but the chancellor seems to have regarded the proof as sufficient to establish a contract by which the infant’s estate was to…
2Cases cited1 opinion
- Withers v. HickmanCourt of Appeals of Kentucky · 1845
3Cited by2 opinions
- Dixon v. HosickCourt of Appeals of Kentucky · 1897
- Carpenter v. JulianCourt of Appeals of Kentucky · 1918