Studwell v. . Shapter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiffs entered on a verdict. The facts and nature of the action are sufficiently stated in the opinion of the chief commissioner. Defendant being an infant and this being' an action on a contract to recover the contract price of the goods sold with interest, the complaint should have been dismissed.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiffs entered on a verdict. The facts and nature of the action are sufficiently stated in the opinion of the chief commissioner. Defendant being an infant and this being' an action on a contract to recover the contract price of the goods sold with interest, the complaint should have been dismissed. (Cannam v. Farmer, 3 Exch. [W. H. & G.], 698; Brown v. McCume, 5 Sandf., 224; Burley v. Russell, 10 N. H., 184; Norris v. Vance, 3 Rich. [S, C.], 164; Merriam…
1Opinion of the Court
A. H. Donley
for the respondents: Defendant had gone to trial with the pleadings setting out fraud, and if a cause of action was made out, defendant was liable, although an infant. (Eckerstein v. Frank, 1 Daly, 334; Blossom v. Barrett, 37 N. Y.; Campbell v. Wright, 21 How., 9.) The court cannot be said to decline to charge what it not only charges, but in so doing goes beyond in defendant’s favor. (People v. Holmes, 6 Park. Cr., 25; 11 Barb., 254; 23 How., 448.) Defendant is estopped from pleading infancy because of the fraud. (1 Daly, 334; Carson v. Ball, 47 Barb., 452; Scott v. Simmons, 34…
2Cases cited7 opinions
- Davidson v. YoungIllinois Supreme Court · 1865
- Whitridge v. DillSupreme Court of the United States · 1860
- Kerr v. BellSupreme Court of Missouri · 1869
- Eckstein v. FrankNew York Court of Common Pleas · 1863
- Corson v. BallNew York Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Rice v. BoyerIndiana Supreme Court · 1886
- Conrad v. LaneSupreme Court of Minnesota · 1880
- Falk v. MacMastersAppellate Division of the Supreme Court of the State of New York · 1921
- New York Building Loan Banking Co. v. FisherAppellate Division of the Supreme Court of the State of New York · 1897
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