Watson v. Hensel
Supreme Court of Pennsylvania
ERROR to the common pleas of Northumberland county. Philip Hensel, guardian of the minor children of David Curry deceased, for the use of J. W. Curry, Robert Curry, and Rachel Curry, against Mary Watson. Scire facias on a mortgage to secure the payment of 500 dollars. David Curry, among other real estate, owned at the time of his death a lot of ground in Milton.
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ERROR to the common pleas of Northumberland county. Philip Hensel, guardian of the minor children of David Curry deceased, for the use of J. W. Curry, Robert Curry, and Rachel Curry, against Mary Watson. Scire facias on a mortgage to secure the payment of 500 dollars. David Curry, among other real estate, owned at the time of his death a lot of ground in Milton. He died intestate, leaving three minor children, J. Watson Curry, Robert Curry, and Rachel Curry intermarried with Robert Montgomery. After the death of David Curry, Hansel and Chesnut, guardians of his minor children, applied for and…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It is very true, that an infant cannot ever bind himself for necessaries when he has a parent or guardian who supplies his wants. Guthrie v. Murphy, 4 Watts 80. But when he has authority from his guardian, either express or implied, he may purchase necessaries, or when they are supplied to him by a third person ; under those circumstances, the infant is bound. Rundel v. Keeler, ante 237. From the evidence offered, an implication of consent on the part of the guardian would arise; and if so, there is nothing to prevent the defendant who…
2Cases cited1 opinion
- Guthrie v. MurphySupreme Court of Pennsylvania · 1835
3Cited by1 opinion
- Bentz v. BentzSupreme Court of Pennsylvania · 1880