Wood v. . Whiterick

Court of King's Bench

Wood v. . Whiterick

1 N.C. 756

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 756 (Wood v. . Whiterick) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wood v. . Whiterick, 1 N.C. 756 (kingsbench 1793).

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Opinion

The plaintiff declared on an assumpsit on an insimul computaver. The defendant pleaded infancy; the plaintiff replied it was for necessaries.

Mason. An action on the case does not lie against an infant, for in it damages are to be recovered; but debt only.

Sed non allocatur, because it has been otherwise adjudged.

2. This action is grounded on account, in which the infant may be mistaken, and here evidence shall not be given of the value of the goods, but of the account only. And it was so adjudged 19 Jac. B. R., in the case of Stirrel and Homeday, and the reason given was that the infant may be mistaken. Noy, 87; Bendl., 203; Palm., 528.

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The plaintiff declared on an assumpsit on an insimul computaver. The defendant pleaded infancy; the plaintiff replied it was for necessaries.

Mason. An action on the case does not lie against an infant, for in it damages are to be recovered; but debt only.

Sed non allocatur, because it has been otherwise adjudged.

2. This action is grounded on account, in which the infant may be mistaken, and here evidence shall not be given of the value of the goods, but of the account only. And it was so adjudged 19 Jac. B. R., in the case of Stirrel and Homeday, and the reason given was that the infant may be mistaken. Noy, 87; Bendl., 203; Palm., 528.

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Bluebook (online)

1 N.C. 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-whiterick-kingsbench-1793.