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 things which were useful and suitable for the party, and were not restricted to things requisite for bare subsistence.
Whether the articles in question such as might be required for a person of the defendant’s age and station was a matter for the jury. Items which are merely ornamental will not in any case be necessaries.
[1840] EngR 170, (1840) 6 M and W 42, (1840) 151 ER 314
Commonlii
England and Wales
Cited by:
Cited – Harrison v Fane 1840
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 . .
Cited – Gingell v Bean 12-May-1840
Although the general practice may be for one party to the suit to draw up a rule obtained in the progress of a cause, if the other party wishes to act upon it, he should draw it up within the time to which it relates; for if not drawn up within such . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 August 2021; Ref: scu.309596 br>