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18 Ill. 63

Sinklear v. Emert

Illinois Supreme Court

Decided December 15, 1856

Illinois Supreme Court · decided 1856-12-15

This ease originated in the county court of Pike county, and began by citation on appellant, guardian of Walter Sinklear. The plaintiff claimed allowance for $112, thus : Walter Sinklear Dr. to Henry Emert. March ith, A. D. 1853. Vermifuge, 25c.; Bateman’s drops, 10c., etc. etc.; and two years’ board, at $1.00 per week; in all $112.00. Trial and suit dismissed at plaintiff’s cost, and appeal taken to the Pike Circuit Court, by plaintiff.

Cited by 3 later decisions — most recently April 1979

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-12-15

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Caton, J.

¶1Here was a special agreement, made by the father of the infant, to pay for his board. In pursuance of that agreement, the plaintiff below boarded and took care of the infant two years; and now, on the failure of the father to pay for it, he sues the child, for the pin-pose of recovering out of the infant’s estate. There can be no pretense for charging the infant, or his estate, with the amount. 1 The credit was given to the father, and not to the infant. It is not like the case of .necessaries, furnished an infant on his credit. Even waiving the question of infancy, and the father alone would be liable, on this special contract, for boarding and taking care of the defendant below.

¶2The judgment must be reversed and remanded.

¶3Judgment reversed.

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