4 Ky. 519 | Ky. Ct. App. | 1809
In debt ©n single bill for one hundred and one dollars twenty-five cents, the defendant pleaded infancy ; to which tire plaintiff replied geuerallv that the bill was given for necessaries furnished by the assignor to the defendant— rejoinder, that the bill was not given for necessaries. On the trial, the plaintiff proved that the defendant was in Nashville, one hundred and eighty miles from home,
The law is settled, that an iniant can only bind himself for necessary tuition, medicine, victuals and clothes, and such like necessaries. Within these expressions, “such other necessaries,” may be included necessaries for an infant’s wife, or for nursing his lawful child. But even iOr these necessaries an infant cannot bind himself in a sum certain, ii that sum be an unreasonable price ; for an infant is incapable of contracting. Therefore, the bond, note or promise, or deed of an infant does not bind him as a contract, although for necessaries ; but as an infant must live as well as a man, therefore the law allows a reasonable price for necessaries to those who furnish him. A count upon an insimul computas-sent will not lie against an infant, although it should be for necessaries ; for he, having no discretion in contemplation of law, is incapable cf stating an account, and is
Upon the whole, we consider the refusal of the circuit court to give the instruction asked for, and the subsequent instruction by them given to the jury, as not warranted by the principles of law. — ¡—Judgment reversed»