Wilt v. Welsh
Supreme Court of Pennsylvania
ERROR to the common pleas of YorJe county. Charles Welsh against Peter E. Wilt. Declaration in trover to recover the price of a horse. Pleas, not guilty and the infancy of the defendant. To the latter plea the plaintiff demurred.
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ERROR to the common pleas of YorJe county. Charles Welsh against Peter E. Wilt. Declaration in trover to recover the price of a horse. Pleas, not guilty and the infancy of the defendant. To the latter plea the plaintiff demurred. The facts of the case, as given in evidence by 'the plaintiff, were, that the defendant had hired a horse from him, to ride to a particular place, and that he drove him to another and more distant place, in consequence of which, the horse sickened and died. After much evidence was given on both sides as to the facts, the jury found for the plaintiff; and the court…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It .would have been sufficient to rest the decision of this_ cause on the precedent of Penrose v. Curren, if the point had not since been ruled differently by the court of errors of New York; but a respect for the opinion of that court, renders it proper to re-examine the question on principle and authority. The ground of the New York case (Campbell v. Stakes) is that a positive breach of the contract is a disaffirmance which works a dissolution of it and reduces the infant to a level with an adult who is chargeable with a conversion for…
2Cases cited3 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Vasse v. SmithSupreme Court of the United States · 1810
- Penrose ex rel. Hutchinson v. CurrenSupreme Court of Pennsylvania · 1832
3Cited by14 opinions
- People v. PowellCalifornia Court of Appeal · 1974
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Slayton v. BarryMassachusetts Supreme Judicial Court · 1900
- Ferguson v. BoboMississippi Supreme Court · 1876
- Gilson v. SpearSupreme Court of Vermont · 1865
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