Walsh v. . Powers
New York Court of Appeals
Appeal from the judgment of the General Term in the second judicial district affirming a judgment for the plaintiff ordered on a trial by the judge without a jury. On the 20th of February, 1855, one Edward A. Walsh was the owner of a piece of real, estate in the city of Hew York.
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Appeal from the judgment of the General Term in the second judicial district affirming a judgment for the plaintiff ordered on a trial by the judge without a jury. On the 20th of February, 1855, one Edward A. Walsh was the owner of a piece of real, estate in the city of Hew York. On or about that day he gave a bond and mortgage upon it to one Whitehead to secure the payment of $3,596. On the 20th of June, 1856, Walsh conveyed the property to the defendant for the consideration of $9,300; the defendant in the deed of conveyance assumed and agreed to pay the mortgage. • At the time the…
1Opinion of the CourtAllen, J.
The infancy of the defendant at the time of the alleged undertaking upon which the action is based, appears by the record as found by the judge at the trial upon the evidence. The obligation was therefore voidable at her option, and the action cannot be maintained unless ratified and affirmed after she attained her majority; and the onus of showing such ratification was upon the plaintiff. A continuance in possession of the premises, the conveyance of which constituted the consideration of her contract, and a salo of - the same by her after she becameof age, would have been an affirmance of…
2Cases cited4 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Henry v. . RootNew York Court of Appeals · 1865
- Kitchen v. LeeNew York Court of Chancery · 1844
- Lynde v. BuddNew York Court of Chancery · 1830
3Cited by10 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Perkins v. MiddletonSupreme Court of Oklahoma · 1917
- Kane v. KaneAppellate Division of the Supreme Court of the State of New York · 1897
- Washington Street Garage, Inc. v. MaloyAppellate Division of the Supreme Court of the State of New York · 1930
- Feitner v. HoegerNew York Court of Common Pleas · 1888
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