Harner v. Dipple
Ohio Supreme Court
Motion for leave to file a petition in error to the District ■Court of Clar’ke county. The original action was brought by Dipple against Ilarner on an undertaking for stay of execution, executed by the defendant during his minority.
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Motion for leave to file a petition in error to the District ■Court of Clar’ke county. The original action was brought by Dipple against Ilarner on an undertaking for stay of execution, executed by the defendant during his minority. It appears that the .■defendant arrived at his majority before the period of stay expired, and that after the expiration of the stay he acknowledged his liability, and promised the plaintiff, to whom the undertaking was made, to pay the amount of the judgment stayed. Upon this state of facts judgment was rendered for the plaintiff in the court of common pleas ;…
1Opinion of the CourtMcIlvaine, J.
The question made is, was the undertaking sued on absolutely, void, or only voidable. If void, it was not subject to ratification ; if voidable merely, it may be enforced after ratification.
Having considered this question upon principle, as well :as upon authority, we are constrained to hold that the undertaking was voidable only, and that after ratification it became a valid and binding engagement.
In disposing of this case, we make no note of those principles which control cases where an infant, by reason of immaturity and natural incapacity, is, in fact, unable to assent to the terms of an…
2Cases cited8 opinions
- Fonda v. Van HorneNew York Supreme Court · 1836
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Oliver v. HoudletMassachusetts Supreme Judicial Court · 1816
- Cole v. PennoyerIllinois Supreme Court · 1852
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