Richardson v. Boright
Supreme Court of Vermont
This was an action of assumpsit on note, dated January 22d, 1828. Plea general issue, and trial by jury. On the trial, the defendant proved that, at the time of executing said note, he was a minor, having been born March 5th, 1809: and also that the note in question, and several others, to the amount of three hundred dollars, were given by the defendant in part payment of a house and lot of land; that said house and lot were deeded to the defendant by Augustus Richardson, a…
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This was an action of assumpsit on note, dated January 22d, 1828. Plea general issue, and trial by jury. On the trial, the defendant proved that, at the time of executing said note, he was a minor, having been born March 5th, 1809: and also that the note in question, and several others, to the amount of three hundred dollars, were given by the defendant in part payment of a house and lot of land; that said house and lot were deeded to the defendant by Augustus Richardson, a brother of the plaintiff, the title to the house and lot being in the said Augustus; which deed was executed at the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
The question here, in regard to the infancy of defendant, is so much the same with that decided in the case of Bigelow v. Kinney, 3 Vt. Rep. 353, as hardly to admit of any distinction. It was there held that the infant could not avoid the mortgage, and affirm the deed, but the entire contract must stand or lall together. And it was further decided, that if the defendant would avoid the contract, on the .ground of infancy, it was incumbent upon him to give notice of such disaffirmance within some reasonable time after coming of full age, or…
2Cases cited2 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Bigelow v. KinneySupreme Court of Vermont · 1830
3Cited by13 opinions
- Savage v. BenhamSupreme Court of Alabama · 1849
- Jenkins v. JenkinsSupreme Court of Iowa · 1861
- Law v. LongIndiana Supreme Court · 1873
- Dob v. AbernathyIndiana Supreme Court · 1845
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
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