State v. . Howard
Supreme Court of North Carolina
INDICTMENT for misdemeanor tried at Fall Term, 1882, of Pendes, Superior Court, before Gilmer, J. The indictment was preferred under the act of 1873-74, ch. 31, for disposing of crops at the time under the lien of a mortgage, given by the defendant to the prosecutor to secure advances.
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INDICTMENT for misdemeanor tried at Fall Term, 1882, of Pendes, Superior Court, before Gilmer, J. The indictment was preferred under the act of 1873-74, ch. 31, for disposing of crops at the time under the lien of a mortgage, given by the defendant to the prosecutor to secure advances. It was admitted that at the date of the mortgage, and at the date of the alleged disposition and use of the corn raised by the defendant and under the lien of said mortgage, and also at the date of the indictment, the defendant was under the age of twenty-one years. There was no evidence of any ratification by…
1Opinion of the CourtAshe, J.
It is well settled that an infant can make no binding contract except for necessaries, which include such things as his meat, drink, apparel, physic, nursing while sick, schooling, &c. But we have yet to find an authority for holding, that the business of farming falls within the exception to the exemption of an infant upon his contracts. Parsons in his work on Contracts (Vol. 1, page 313) says, an infant cannot enter into con tracts of business and trade, “for this,” he says, “is not necessary and might expose him to the misfortune of entering upon adult life with the burdens of bankruptcy…
2Cases cited1 opinion
- Charles Skinner v. . D. G. MaxwellSupreme Court of North Carolina · 1872
3Cited by5 opinions
- Pippen v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1902
- State v. . RobinsonSupreme Court of North Carolina · 1907
- State v. . RobinsonSupreme Court of North Carolina · 1907
- Thomas v. StateAlabama Court of Appeals · 1915
- Warren v. . DailSupreme Court of North Carolina · 1915