Hyer v. Hyatt
U.S. Circuit Court for the District of District of Columbia
Assumpsit upon the defendant’s acceptance of an inland bill of exchange drawn July 1, 1815, by one Okeley at New York, on the defendants at Georgetown, District of Columbia, for $645.73 at six months after date, accepted on the 20th of July, 1815. The defendants pleaded severally non assumpsit, and the defendant Hyatt, at the trial relied upon his nonage at the date of the acceptance; to rebut which the . plaintiff showed by the record in this case, that the defendant, after…
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Assumpsit upon the defendant’s acceptance of an inland bill of exchange drawn July 1, 1815, by one Okeley at New York, on the defendants at Georgetown, District of Columbia, for $645.73 at six months after date, accepted on the 20th of July, 1815. The defendants pleaded severally non assumpsit, and the defendant Hyatt, at the trial relied upon his nonage at the date of the acceptance; to rebut which the . plaintiff showed by the record in this case, that the defendant, after the commencement of the suit, and after he was of full age, confessed judgment, which was set aside upon the…
1Opinion of the CourtCkanch, C. J.
I am inclined to think that no contract entered into, by an infant, is absolutely void, although all contracts by infants, except.for necessaries, are voidable.
There are some dicta that contracts made by an infant to his prejudice, are void, not voidable; but I doubt whether, in law, there be any difference as to validity, between those which are beneficial, and those which are prejudicial to the infant; both are voidable, but neither is absolutely void.
There is no case in which it has been decided that a contract between an infant and an adult can be avoided by the adult, upon the ground of…
2Cases cited2 opinions
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Young v. BellU.S. Circuit Court for the District of District of Columbia · 1806
3Cited by18 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Northern Indiana Railroad Co. v. MICHIGAN CENT. RD. CO.Supreme Court of the United States · 1854
- Frenzel v. MillerIndiana Supreme Court · 1871
- Smith v. MitchellSupreme Court of Georgia · 1849
- Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
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