McKanna v. Merry

Citations

• 61 Ill. 177

Syllabus

<p>1. Infant—necessaries—traveling expenses. Where an infant, against the obj ections of her guardian, went to California, and another person furnished money necessary to pay the expenses of the trip, and afterwards sued to recover the money from the ward and her husband, she having subsequently married, and on the trial the court instructed the jury that what were necessaries depended upon circumstances; if the going of the ward to California was prudent and proper under the circumstances, and plaintiff advanced money necessary to lake her there, and the trip was for her benefit, then it was for the jury to say whether the money was advanced for necessaries: Held, that this instruction was wrong, there being no positive rule as to what are necessaries. Whether articles of a certain class or kind are such as infants would be liable for, or whether certain kinds of expenditures are necessaries, must be judged of by the court, but whether a particular class are suitable to the condition and estate of the infant, is for the determination of the juiy. The court should, in the instruction, have defined what constitutes necessaries.</p> <p>2. Horses, saddles, bridles, pistols, liquors, chronometers, etc., have generally been held not to be necessaries, and no case is found that money advanced for traveling expenses, under the circumstances of this case, is necessary.</p> <p>3. Guardian—his duty. It was the duty of the guardian to superintend the education and nurture of his ward, and apply the rents first, and next the interest on moneys, for the purpose. He was the judge of what were necessaries, if he acted in good faith, and a third party had no right to usurp the rights and duties of the guardian, even if the money was, in some sense, a benefit, and the trip prudent and proper.</p> <p>4. Same—necessaries. If the guardian, in good faith, acting for the best interest of the ward, furnishes means suitable to her age, station in life, and with reference to her estate, the