Legal Opinion

Gordon v. Potter

Supreme Court of Vermont

Decided February 15, 1845PublishedCited by 19 opinions

Book Account. Judgment was rendered against the defendant by default, and an auditor was appointed, who reported, in substance, as follows. The plaintiff presented an account against the defendant for cloth and trimmings for a suit of clothes, delivered by him, in June, 1841, to Augustus Potter, the minor son of the defendant. At the time of the sale the son was at work by the month for one Russell, in Shrewsbury, by permission of the defendant, — who resided in Plymouth.

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Book Account. Judgment was rendered against the defendant by default, and an auditor was appointed, who reported, in substance, as follows. The plaintiff presented an account against the defendant for cloth and trimmings for a suit of clothes, delivered by him, in June, 1841, to Augustus Potter, the minor son of the defendant. At the time of the sale the son was at work by the month for one Russell, in Shrewsbury, by permission of the defendant, — who resided in Plymouth. The plaintiff, before the sale, knew where the defendant resided, and was informed by Russell that he was to furnish the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.-

This case presents the question, how far a parent is liablé for necessaries furnished to his minor child. The report of the auditor, which is the basis of the judgment below, which we are now revising, seems to leave the case defective in many particulars, as against the father. It does not appear, except by,way ofinference, that the articles charged were furnished upon the credit of the father, or, in other words, that the plaintiff, at the time they were delivered to the son, expected the father to pay for them. And I take it to be well…

2Cases cited2 opinions

  1. Van Valkinburgh v. WatsonNew York Supreme Court · 1816
  2. Stanton v. WillsonU.S. Circuit Court for the District of Connecticut · 1808

3Cited by19 opinions

  1. Ramsey v. RamseyIndiana Supreme Court · 1889
  2. Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
  3. Porter v. PowellSupreme Court of Iowa · 1890
  4. Brosius v. BarkerMissouri Court of Appeals · 1911
  5. Lufkin v. HarveySupreme Court of Minnesota · 1915

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