Legal Opinion

Bestor v. Hickey

Supreme Court of Connecticut

Decided November 11, 1898PublishedCited by 4 opinions

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

  1. Kline v. BeebeSupreme Court of Connecticut · 1827
  2. Barrett v. FrenchSupreme Court of Connecticut · 1815
  3. Owen v. LongMassachusetts Supreme Judicial Court · 1873
  4. McVane v. WilliamsSupreme Court of Connecticut · 1883

3Cited by4 opinions

  1. McCarthy v. TaniskaSupreme Court of Connecticut · 1911
  2. Rubin v. StrandbergIllinois Supreme Court · 1919
  3. Watson v. RudermanSupreme Court of Connecticut · 1907
  4. Rubin v. StrandbergAppellate Court of Illinois · 1918

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