Heath ex rel. Heath v. Stevens
Supreme Court of New Hampshire
In this case the parties agree upon the following statement of facts-,, reserving to each the right to go to the jury upon anything agreed, to im this statement: About the first of April, A. D. 18(55, the plaintiff, Daniel'C. Heath-, went from his home in Danbury, in this county, to White River Junction, for the purpose of enlisting, in company with several others, and was rejected, and while there, this plaintiff met the defendant, who had just returned from New York, and…
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In this case the parties agree upon the following statement of facts-,, reserving to each the right to go to the jury upon anything agreed, to im this statement: About the first of April, A. D. 18(55, the plaintiff, Daniel'C. Heath-, went from his home in Danbury, in this county, to White River Junction, for the purpose of enlisting, in company with several others, and was rejected, and while there, this plaintiff met the defendant, who had just returned from New York, and the defendant told the plaintiff what bounties were being paid in that State, and that they were much larger than at…
1Opinion of the CourtPjsrley, C. J.
The plaintiff was not legally bound to perform his contract made while he was an infant; but he voluntarily performed it before he became of age ; and he is not here defending an action brought •to enforce the contract, but he seeks to recover back money which he ■paid while under age in execution of the contract. Two objections are made to his right of recovery :
I1. That money paid by an infant in execution of his voidable contract cannot be recovered back.
2. That the plaintiff must first restore what he received under the contract before he can rescind it and recover back the money he…
2Cases cited4 opinions
- Baker v. LovetiMassachusetts Supreme Judicial Court · 1809
- Millard v. HewlettNew York Supreme Court · 1838
- Judkins v. WalkerSupreme Judicial Court of Maine · 1840
- Collins v. LincolnSupreme Court of Vermont · 1839
3Cited by1 opinion
- Stack v. CavanaughSupreme Court of New Hampshire · 1891