brook against crowse to assumpsit for a farrier bill the defendant plead  infancy the plaintiff ought to reply that the physic c be necessary for the  defendant or for the horse of the defendant keep for his necessary use SC  stram clowes brook in assumpsit by a farrier for provide physic and other  thing for the defendant horse the defendant plead infancy and the plaintiff  reply that the physic and material so provide c be necessary for the horse of  the defendant to which the defendant demurrer and it be argue by Mr denison  for the defendant that a infant be under the protection of the law and be not  thereby suffer to contract for any thing but mere necessary for himself as  apparel meat and learning and even a contract by one for be a apprentice be  not bind unless it be by the custom of London he can so much as contract for  the maintenance of his own family or the reparation of his own house in all  action therefore against a infant it must be allege that the work or thing for  which the suit be bring be necessary or else they must appear to be so in the  nature of the Andrews thing now here it do not appear either that the physic  and material or even the horse be necessary for the infant for he may have  twenty horse more than there be a necessity for and upon this replication a  proper issue can not possible be join for the issue here can only have be  whether the phsick c be necessary for the horse and not whether the horse be  necessary for the infant which be the matter that ought to have be put in  issue cro Elizabeth cro James cart in point on the other side it be argue by  sergeant Bellfield that this application be good because it appear that the  defendant have the horse which perhaps may be by will or donation and it be  admit by the demurrer that the physic c be necessary for the horse it be not  necessary and it will make the plead too prolix to show special in these case  how the thing be necessary but the common way be and have be for many year  appear by many precedent to reply general that they be necessary and under  such general issue every circumstance and particular the rank and station of  the infant will come proper before the jury it be reply among other thing that  the plaintiff shall have show bow the defendant come by the horse whether by  donation or will or in what other manner but nothing of this nature appear but  to this Mr justice probin answer that this be not incumbent on the plaintiff  because he be a stranger to the defendant title and the whole court be clear  of opinion that this replication be ill for the only matter inquirable under  it be not whether the physic c be necessary for the infant but whether it be  necessary for the horse whereas it shall have be reply that the physic c be  necessary for the use of the defendant or Andrews er p that the physic c be  for the horse of the defendant keep by he for his necessary use in both which  case every Andrews circumstance will have come into consideration and so be  the case in Carth and chapel just say that horse may be very fit for a infant  as on account of his quality or constitution and by probin just where infancy  be plead it must be show on the other side that the good or work be necessary  for the infant personal and not for any thing belong to he judgement for the  defendant