M'Minn v. Richmonds
Tennessee Supreme Court
This is a bill in equity filed by the complainant, M’Minn, against the defendants, praying that two notes under seal, each for two hundred and fifty dollars, may be decreed to be delivered up and cancelled, because, as the complainant alleges, they were executed whilst he was a minor.
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This is a bill in equity filed by the complainant, M’Minn, against the defendants, praying that two notes under seal, each for two hundred and fifty dollars, may be decreed to be delivered up and cancelled, because, as the complainant alleges, they were executed whilst he was a minor. The notes were given for the board, lodging, washing and instruction of the complainant in the science of medicine. , The answers admit the execution of the notes, but insist the complainant was of full age when he executed them, and that if he was not, he fraudulently represented himself of full age to the…
1Opinion of the CourtGreen, J.
This bill is filed by complainant, praying that two notes under seal executed by him to the defendants, shall be given up to him because they were executed when he was an infant. The defendants resist the prayer of complainant’s bill, alleging, 1. That complainant was not in fact an infant when he executed the notes. 2. That complainant was guilty of a fraud in representing himself as an infant, and therefore not entitled to relief. 3. That the notes are voidable only, and not void. 4. That a court of equity has no jurisdiction to order a note executed by an infant to be delivered up.
*181. As to…
2Cases cited2 opinions
- Hussey v. JewettMassachusetts Supreme Judicial Court · 1812
- Swasey v. Administrator of VanderheydenNew York Supreme Court · 1813