Sharp v. Cropsey
New York Supreme Court
Writ of error to the New-York common pleas. This was an action brought by J. F. Cropsey against William H. Sharp, for board, lodging, &c. The defendant, by his guardian, pleaded infancy; the plaintiff replied, that the .board, &c., were necessaries suitable to the estate and condition of the defendant; the defendant rejoined, that they were not necessaries, &c.
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Writ of error to the New-York common pleas. This was an action brought by J. F. Cropsey against William H. Sharp, for board, lodging, &c. The defendant, by his guardian, pleaded infancy; the plaintiff replied, that the .board, &c., were necessaries suitable to the estate and condition of the defendant; the defendant rejoined, that they were not necessaries, &c. The case was referred to three referees, two of whom found in favor of the plaintiff for §330, the other referee dissenting. The court of common pleas, on motion for that purpose, refused to set aside the report, and a writ of error…
1Opinion of the Court
By the Court,
King, J.
This is an action brought by a stepfather against his step-son, for board and lodging, and other necessaries furnished the latter during his minority. The plaintiff married the mother of the defendant, when the latter was Seven! years old, from which time until near his majority he lived with the plaintiff as one of his family. The defendant’s mother and the plaintiff were allowed by the court of chancery maintenance for the infant out of his property, during a portion of his minority: the expenditures now sought to be recovered do *227not seem to have been included in the…
2Cases cited1 opinion
- Gay v. BallouNew York Supreme Court · 1830
3Cited by5 opinions
- Livingston v. HammondMassachusetts Supreme Judicial Court · 1894
- Haggerty v. McCannaNew Jersey Court of Chancery · 1874
- Pollard v. Somerset Mutual Fire InsuranceSupreme Judicial Court of Maine · 1856
- Hallock v. TellerNew York Surrogate's Court · 1882
- Reid v. FarrarNew York Supreme Court · 1887