Stafford v. Roof
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. (7 Cowen, 179, S. C.) John Stafford brought trover for a horse against Roof, in the C. P, of the city of Albany, called the mayor’s court; and the cause was tried there ill October, 1824. On the trial, the plaintiff below proved that in July, 1834, he owned the horse, and on the 23d of that month sold it to the defendant below; and took his note in these words: “ For value received, I promise to pay John Stafford fifty dollars in liquor at my…
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On error from the supreme court. (7 Cowen, 179, S. C.) John Stafford brought trover for a horse against Roof, in the C. P, of the city of Albany, called the mayor’s court; and the cause was tried there ill October, 1824. On the trial, the plaintiff below proved that in July, 1834, he owned the horse, and on the 23d of that month sold it to the defendant below; and took his note in these words: “ For value received, I promise to pay John Stafford fifty dollars in liquor at my bar.” On this note the following payments were endorsed by the plaintiff below. July 26th, 1824, $4. Same day, $1 25.…
1Opinion of the Court
Jones, Chancellor,
said, it is true in general that the *657deed of an infant is voidable merely, when delivered with his own hand, and is of equal validity, whether it be of lands or chattels. Some of the old writers seem to make a distinction between deeds and other contracts of infants accompanied by *manual delivery ; but the distinction is now discarded, and the same effect is given to both.
They are not void, but voidable, where any act of delivery is done by the infant calculated to carry an estate; and J ’ this whether the contract be beneficial to the infant or not, But a manual delivery…
2Cases cited1 opinion
- Slocum v. Hooker & CatlinNew York Supreme Court · 1852
3Cited by20 opinions
- Casey v. . KastelNew York Court of Appeals · 1924
- Sparman v. . KeimNew York Court of Appeals · 1880
- Roof v. StaffordNew York Supreme Court · 1827
- Chapin v. . ShaferNew York Court of Appeals · 1872
- Kerr v. BellSupreme Court of Missouri · 1869
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