Eichelberger's Appeal
Supreme Court of Pennsylvania
APPEAL by George F. Eichelberger, from the decree of the orphan’s court of York county, upon the settlement of the account of his guardian, Jacob Smyser. The only question of consequence arose out of an exception to certain credits claimed by the guardian in his account, for goods, &c. furnished and paid for by him, to establish his ward in the business of a tavernkeeper. The court below overruled the exceptions, and the ward appealed.
1Per curiam
—There is a principle to be enforced in this case which is to be distinctly understood. No guardian can set up his ward in business at the risk of the ward ; and least of all, in the business of a publican, which requires habits of temperance to have been previously formed and established. Why does the common law withhold from an infant capacity to bind himself, except in cases of extreme necessity! Undoubtedly, to protect him from the consequences of inexperience. But if the effect of putting him in a state of pupilage is but to expose him the more certainly to the dangers from which the…
2Cited by1 opinion
- Warner's EstateSupreme Court of Pennsylvania · 1904