New York Supreme Court, 1843

Wallace & Christopher v. Morss

Wallace & Christopher v. Morss
New York Supreme Court · Decided July 15, 1843 · Cowen
5 Hill & Den. 391

Counsel

F. B. Cutting & S. Sherwood, for the defendant Morss,, C. McVean & J. S. Bosworth, for the plaintiffs,

Wallace & Christopher v. Morss

Opinion of the Court

By the Court, Cowen, J.

The only question of moment is, whether an infant be chargeable by action for a tort in obtaining goods fraudulently, with an intention not to pay for them. We think he is, both on principle and authority. (Badger v. *393Phinney, 15 Mass. Rep. 359; Homer v. Thwing, 3 Pick. 492; Cary v. Hotailing, 1 Hill, 311; Olmsted v. The Same, id. 317; The People v. Kendall, 25 Wend, 399.)

Motion denied.

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