Ullmer v. Fitzgerald

An action was brought by Fitzgerald against Ullmer, for the foreclosure of a mortgage given to secure a note dated the 18th of June, 1896, which note was renewed by a' subsequent one executed on September 21st of the same year. To this action the defendant pleaded that at the time the note was given by him to Fitzgerald, he was under the age of twenty-one years, and therefore, under the laws of this State, the contract as represented by the note and mortgage given to secure it was not binding upon him, the same not having been given for necessaries. It appears from the record, that the *816plainti…