The defendant child purported to hire horses, saddles and harness from the plaintiff. On a plea of infancy, the plaintiff pleaded that these were necessaries.
Held: Though this would be a mater for the jury, it appeared that the defendant was an Oxford student, but the plaintiff brought forward no evidence that the items were necessaries, beyond averring that the defendant kept a horse, and from time to time went hunting with his wealthy father, the judge had told the jury that in his view the plaintiff was not able to recover.
Held: On the defendant’s appeal the jury’s verdict was set aside as perverse.
[1840] EngR 103, (1840) 1 Man and G 550, (1840) 133 ER 450
Commonlii
England and Wales
Citing:
Cited – Peters v Fleming 1840
The plaintiff sought a declaration as to goods sold. The defendant pleaded his infancy. The plaintiff pleaded that the goods were necessaries appropriate to the state and condition of the defendant.
Held: The term ‘necessaries’ included those . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 August 2021; Ref: scu.309529 br>