Root v. Herman

McAdam, Ch. J.

As a rule, an infant is not liable as a partner (1 Parsons on Cont. 7th ed., bottom p. 354). The rule has its exceptions (120 Mass. 324). In an action against the firm, the infant, should be joined as a party defendant, because the defense is personal to him (Barbour on Parties, 2 ed. 116; 1 Daly, 416). Where, in an action on contract, the defendant pleads non-joinder of his copartner as a defendant, a reply that such copartner is an infant is bad on demurrer, as the contracts of an infant are voidable, not void (Slocum v. Hooker, 13 Barb. 536). The correct practice is to join…