Petrie v. Williams
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Georgie Petrie, by guardian, against Frederick Williams. From a judgment entered on a verdict in favor of plaintiff for $2,106, and from an order denying a motion for a new trial on the minutes, defendant appeals. The action was commenced in January, 1891, against the appellant and one Thomas H. Breen.
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Appeal from circuit court, Jefferson county. Action by Georgie Petrie, by guardian, against Frederick Williams. From a judgment entered on a verdict in favor of plaintiff for $2,106, and from an order denying a motion for a new trial on the minutes, defendant appeals. The action was commenced in January, 1891, against the appellant and one Thomas H. Breen. A trial was had at the circuit, apd a verdict recovered against both defendants, and an appeal taken to this court after the first trial was affirmed as to Breen, and reversed as to Williams. The opinion delivered in this court appears in…
1Opinion of the CourtHardin, P. J.
When this case was before us on the former appeal (68 Hun, 589, 23 N. Y. Supp. 237), in the course of the opinion it was said: “Under the circumstances of this case, we think the plaintiff was entitled to maintain this action.” And in the course of the opinion it was also said: “We think it must be regarded as settled in this state that an executory contract relating to the personal property of an infant may be avoided by her during her infancy. Bool v. Mix, 17 Wend. 119; Stafford v. Roof, 9 Cow. 626; Chapin v. Schafer, 49 N. Y. 407; Sparman v. Keim, 83 N. Y. 245; Beardsley v. Hotchkiss, 96…
2Cases cited10 opinions
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Bool v. MixNew York Supreme Court · 1837
- Comstock v. . HierNew York Court of Appeals · 1878
- Greenfield v. . PeopleNew York Court of Appeals · 1878
- Sparman v. . KeimNew York Court of Appeals · 1880
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