Baker v. Kennett
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. I. A rash, improvident and hard bargain made by an infant with an adult, who has knowledge of his infancy, without an adequate consideration, is clearly and utterly void and will be so declared by a court of equity. (1 Sto. Eq., §§ 235, 236, 240, 242; Sto. on Cont., § 57; 25 Iowa, 95; 2 Atkins, 34.) Those contracts of infants are void which the courts can declare to be to their prejudice.
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Appeal from Jefferson Circuit Court. I. A rash, improvident and hard bargain made by an infant with an adult, who has knowledge of his infancy, without an adequate consideration, is clearly and utterly void and will be so declared by a court of equity. (1 Sto. Eq., §§ 235, 236, 240, 242; Sto. on Cont., § 57; 25 Iowa, 95; 2 Atkins, 34.) Those contracts of infants are void which the courts can declare to be to their prejudice. This prejudice to the infant may appear either from the papers or from the transaction, viewed in the light of surrounding circumstances. (Tyle Inf., 43, and cases cited;…
1Opinion of the CourtWagner, Judge
This was an action on a promissory note executed by the defendant on the 1st day of May, 1872, in favor of the plaintiff' for the sum of eight thousand dollars.
The record discloses these facts: That at the time the note was made and executed, the plaintiff was the owner of a tract *87of land in Jefferson county, and that the defendant, Press. G. Kennett, then a minor under the age of twenty-one, was desirous of purchasing the same. The parties finally came to an agreement, and the price was fixed at eight thousand dollars ; plaintiff making to the defendant, Kennett, a deed for premises, and he…
2Cases cited10 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Irvine v. IrvineSupreme Court of the United States · 1870
- State v. McLaughlinSupreme Court of Missouri · 1858
- Bigelow v. KinneySupreme Court of Vermont · 1830
- Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
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3Cited by15 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- State v. ParkerSupreme Court of Alabama · 1882
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
- Kyger v. SipeSupreme Court of Virginia · 1882
- Huth v. Carondelet Marine Railway & Dock Co.Supreme Court of Missouri · 1874
10 more not listed; retrieve them via the Exa API.