Wallace & Christopher v. Morss

New York Supreme Court

Wallace & Christopher v. Morss

5 Hill & Den. 391

DecidedJuly 15, 1843

StatusPublished

This text of 5 Hill & Den. 391 (Wallace & Christopher v. Morss) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wallace & Christopher v. Morss, 5 Hill & Den. 391 (N.Y. Super. Ct. 1843).

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Opinion

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. [393]*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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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. [393]*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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Bluebook (online)

5 Hill & Den. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-christopher-v-morss-nysupct-1843.

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