Bestor v. Hickey
Supreme Court of Connecticut
Action to recover rent, brought originally before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in Hartford County, and tried to court, Case, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The complaint alleged the defendant’s lease of a market at $5 a month. The defendant answered by a general denial, and as a second defense pleaded infancy.
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Action to recover rent, brought originally before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in Hartford County, and tried to court, Case, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The complaint alleged the defendant’s lease of a market at $5 a month. The defendant answered by a general denial, and as a second defense pleaded infancy. The plaintiff replied to the second defense: (1) A promise to pay after coming of age; (2) that defendant had actually…
1Opinion of the CourtHamersley, J.
This appeal raises two questions. 1. Is a promise made by an adult to pay the sum agreed to be paid for use of premises occupied by him under a lease, while an infant over fourteen years of age, invalid, because he did not know, at the time of the promise, the law which determines the liability of minors ? 2. Upon the facts found, was the promise made under duress ?
We have never had occasion to discuss the first question, and it is of such a nature as to call for a somewhat careful examination of the policy which underlies this branch of the law of infancy. Every person from birth until the…
2Cases cited4 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Barrett v. FrenchSupreme Court of Connecticut · 1815
- Owen v. LongMassachusetts Supreme Judicial Court · 1873
- McVane v. WilliamsSupreme Court of Connecticut · 1883
3Cited by4 opinions
- McCarthy v. TaniskaSupreme Court of Connecticut · 1911
- Rubin v. StrandbergIllinois Supreme Court · 1919
- Watson v. RudermanSupreme Court of Connecticut · 1907
- Rubin v. StrandbergAppellate Court of Illinois · 1918