Legal Opinion

Hoyt v. Wilkinson

Supreme Court of Vermont

Decided February 15, 1885PublishedCited by 4 opinions

Assumpsit on a note. Heard on demurrer to the defendant’s rejoinder, June Term, 1884, Yeazey, J., presiding. Demurrer overruled, and judgment for the defendant. Pleas, general issue, Statute of Limitations, and infancy.

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Assumpsit on a note. Heard on demurrer to the defendant’s rejoinder, June Term, 1884, Yeazey, J., presiding. Demurrer overruled, and judgment for the defendant. Pleas, general issue, Statute of Limitations, and infancy. Replication, in part : “And the said plaintiff further saith, that the said defendant did not within a reasonable time after he became twenty-one years of age as aforesaid, nor at any time since he so became twenty-one years of age, and before the commencement of this suit, disaffirm the several promises and undertaking's in said declaration mentioned or either of them,” and…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

An infant may avoid his contracts relating to personal property while under age and immediately. 1 Am. Lead. Cas. 258; Price v. Furman, 27 Vt. 268; Willis v. Twambly, 13 Mass. 204; Stafford v. Roof, 9 Cow. 626: Bool v. Mix, 17 Wend. 119, 132. The dictum to'the contrary in Farr v. Sumner, 12 Vt. 31, is not sound, although not without some support in the authorities.

But what was the effect of the avoidance and tender here rejoined ? It was,, as between the parties, nothing else appearing, in the language of Chief Justice Shaw in Boyden v.…

2Cases cited6 opinions

  1. Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
  2. Bool v. MixNew York Supreme Court · 1837
  3. Price v. FurmanSupreme Court of Vermont · 1855
  4. Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
  5. Willis v. TwamblyMassachusetts Supreme Judicial Court · 1816

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Rice v. BoyerIndiana Supreme Court · 1886
  2. Star v. WatkinsNebraska Supreme Court · 1907
  3. Adams v. BarcombSupreme Court of Vermont · 1966
  4. McNaughton v. Granite City Auto Sales, Inc.Supreme Court of Vermont · 1936

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