Sargent Co. Employees Fed. v. McElveen

To the plaintiff's claim based on a promissory note, the named defendant has asserted a defense of infancy, contending that he was born on July 22, 1927; that he executed and delivered the note on May 21, 1947, when he was under the age of twenty-one years; and that all payments on the note up to September 5, 1947, were made at a time when he was under the age of twenty-one. This action was instituted by service completed on October 20, 1948.

The plaintiff's demurrer is predicated on the fact that nowhere in the special defense is it alleged by the defendant that he disaffirmed the contract or…