Fitts v. Hall
Superior Court of New Hampshire
Case. The declaration alleged, that on the 26th day of May, 1830, the plaintiff owned and was possessed of a large quantity of palm-leaf and chip hats—that a conversation was then had between the parties about the defendant’s purchasing the hats of the plaintiff—that the plaintiff, not knowing whether the defendant was of age, enquired of him whether he was of full age or not; and that the defendant, well knowing that he was an infant under the age of twenty-one years, and…
Read the full summary
Case. The declaration alleged, that on the 26th day of May, 1830, the plaintiff owned and was possessed of a large quantity of palm-leaf and chip hats—that a conversation was then had between the parties about the defendant’s purchasing the hats of the plaintiff—that the plaintiff, not knowing whether the defendant was of age, enquired of him whether he was of full age or not; and that the defendant, well knowing that he was an infant under the age of twenty-one years, and intending to deceive and defraud - the plaintiff, falsely and deceitfully represented that he was then of full age ; and…
1Opinion of the CourtParkeb, C. J.
The general principle applicable to this case is, that an infant is liable in actions ex delicto, whether founded on positive wrongs, or constructive torts, or frauds. 2 Kent’s Com. 197 ; 1 Ckitty’s PI. 65.
Thus he is liable in trover, although the goods converted were in his possession by virtue of a previous contract. 6 Cranch’s Rep. 231, Vasse vs. Smith; 3 Pick. 492, Homer vs. Timing. And in detinue, where he received skins to finish, and afterwards withheld them. 4 Bos. Pul. 140, Mills vs. Graham. And assumpsit for money had and received, has been sustained against an infant for money…
2Cases cited3 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Conroe v. BirdsallNew York Supreme Court · 1799
3Cited by6 opinions
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Wilson v. GeorgeSuperior Court of New Hampshire · 1839
- Woodman v. HubbardSuperior Court of New Hampshire · 1852
- Burley v. RussellSuperior Court of New Hampshire · 1839
- Carr v. CloughSuperior Court of New Hampshire · 1853
1 more not listed; retrieve them via the Exa API.