Corey v. Burton

Cooley, J:

The circuit court put this case to the jury under instructions, in substance, that an infant who borrows money for a *31business enterprise, and gires a cbattcl 'mortgage to secure tbe payment thereof with interest, cannot disaffirm this contract without restoring the consideration received therefor, which, in this case, would be the money borrowed. The judge appears to hare regarded the mortgage as an executed contract, which was only to be disaffirmed on placing the parties in statu quo.

This view was erroneous. The mortgage, so far as the right to enforce it. by taking .possession…