Orvis v. Kimball
Superior Court of New Hampshire
Assumpsit upon a note made by the defendant, and one Amos Kimball, dated October 15, 1814, for ‡ 100, payable to James George, or order, in nine years, and by George endorsed. The defendant pleaded infancy ; to which the plaintiff replied a promise made by the defendant after he arrived at the age of twenty-one years; in which, issue was joined.
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Assumpsit upon a note made by the defendant, and one Amos Kimball, dated October 15, 1814, for ‡ 100, payable to James George, or order, in nine years, and by George endorsed. The defendant pleaded infancy ; to which the plaintiff replied a promise made by the defendant after he arrived at the age of twenty-one years; in which, issue was joined. The cause was tried here, at November term, 1824, when it appeared, in evidence, that the defendant, after he arrived at the age of twenty-one years, had declared his intention to pay the note ; but it did not appear, that this declaration was made in…
1Opinion of the Court
By the court.
It is well settled, that an- individual may ratify and confirm, when of age, a contract made by him when an infant ; and the contract, when thus ratified and confirmed, will be binding upon him. 2 N. H. Rep. 51, Wright vs. Steele.—1 D. & E. 648.
In some cases, the contract of an infant may be confirmed and made valid, when he arrives at the age of twenty-one years, by his mere acts. 1 N. H. Rep. 73, Roberts vs. Wiggin.—4 Esp. N. P. C. 187, Taylor vs. Crocker. Cro. James, 320, Kelsey's case.—Com. Dig. “ Infant” c. 6.—3 Burr. 1717. Bul. N. P. 154.
In other cases, such a contract may…
2Cases cited2 opinions
- Roberts v. WigginSuperior Court of New Hampshire · 1817
- Wright v. SteeleSuperior Court of New Hampshire · 1819
3Cited by3 opinions
- Conn v. CoburnSuperior Court of New Hampshire · 1834
- Burnham v. PorterSuperior Court of New Hampshire · 1852
- Underwood v. EastmanSuperior Court of New Hampshire · 1847