Roof v. Stafford
New York Supreme Court
On error from the mayor’s court in the city of Albany, The action in the court below was trover, by Stafford against Eoof, for a horse.
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On error from the mayor’s court in the city of Albany, The action in the court below was trover, by Stafford against Eoof, for a horse. The horse had been sold and delivered by Stafford, then a minor of 19 years of age, to ;g00f executed to Stafford his (E.’s) note for the horse, 7 x J 1 payable in specific articles to the amount of $50. This action was brought while J. Stafford was yet a minor. *These facts appearing on the trial in the court below, the counsel for Eoof objected, that J. Stafford could not avoid the sale of the horse, till he came of age. The court overruled the objection,…
1Opinion of the Court
Curia, per Woodworth, J.
I understand it to be now well settled, that the contracts of an infant, not only such as take effect by his actual delivery of the subject matter; (as a feoffment with livery, or a sale and manual delivery of goods;) but all his deeds, whether at the common law, or under the statute of uses; whether relating to real or personal property, are voidable merely, not void. This proposition, so far as it relates to real estate, is fully established by Zouch v. Parsons, (1 Bl. Rep. 575, reported more at large 3 Burr. 1794 to 1809,) and the authorities collected and reviewed…
2Cases cited16 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
- Willis v. TwamblyMassachusetts Supreme Judicial Court · 1816
- M'Coy v. HuffmanCourt for the Trial of Impeachments and Correction of Errors · 1827
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Bullock v. SprowlsTexas Supreme Court · 1899
- Henry v. . RootNew York Court of Appeals · 1865
- Law v. LongIndiana Supreme Court · 1873
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
13 more not listed; retrieve them via the Exa API.