John Inglis v. The Executors of Umquhile John Sharp
Date: 5 February 1631 Case No. No 55.
A merchant may lawfully supply a minor with clothes, and other necessaries, without orders from his curators.
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The Executors being convened for L. 417, as the price of certain clothes and wares, furnished by the pursuers to the said John in the years 1627 and 1628, for the abuilziements of his body; and the said executors alleging, That the said Sharp was minor the time of the said furnishing, and then had curators, without whose consent or direction the said furnishing being made, the pursuer could not have action therefor; the Lords repelled this allegeance, in respect the minor, the time of the furnishing, was 18 years of age, and that the same was made to him for his necessary abuilziements, and that he being a young man of a good estate, the furnishing was not immoderate, the defenders never alleging, that the minor was otherways furnished by his curators; and the pursuer also offering to prove, that he had made the like furnishing to the minor in other preceding years, for which he was satisfied; in respect whereof, the action was sustained; and the Lords found no necessity, that the minor's curators should be first discussed, before the executors could be convened.
Act. Nicolson & Neilson.Alt. Burnet.Clerk, Gibson.
Fol. Dic. v. 1. p. 576. Durie, p. 565.*** Auchinleck reports this case.
John Douglas, merchant, pursues Anna Sharp, relict of umquhile Robert Bruce of Pittellie, executrix confirmed to umquhile John Sharp, for payment of certain merchandize, furnished for apparel to the said umquhile John Sharp, a little before his decease. It was excepted by the defender, That the said umquhile John Sharp being minor, his executors cannot be obliged for any gear furnished to him, without direction of his curators. It was replied, That the pursuer being his merchant before, and in use to furnish him, and being past 16 or 17 years of age, might very lawfully take up such merchandize as was necessary for him, viz. apparel, whereof he produced the account, and offered to prove the receipt of the particulars by the minor; and referred to the Lords the reasonableness of the prices. The Lords repelled the exception, in respect of the reply.
