Hodges v. Hunt
New York Supreme Court
HODGES, the plaintiff, sued the defendant Hunt before a justice of the peace on a promissory note signed by the defendant, for $19.50, dated April 26,1854. The defendant put in an answer setting up the defense of infancy. There was no reply ; and the plaintiff made no application to amend his complaint. On the trial the plaintiff proved the execution of the note, and the defendant proved that he was under 21 when he signed the note.
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HODGES, the plaintiff, sued the defendant Hunt before a justice of the peace on a promissory note signed by the defendant, for $19.50, dated April 26,1854. The defendant put in an answer setting up the defense of infancy. There was no reply ; and the plaintiff made no application to amend his complaint. On the trial the plaintiff proved the execution of the note, and the defendant proved that he was under 21 when he signed the note. The plaintiff then proved an absolute promise of the defendant, to pay the note, made after he became 21 years of age, to the attorney of the plaintiff, to whom…
1Opinion of the Court
By the Court, Paige J.
The question in relation to the setting up of a new promise, made by an infant after he comes of age, in a reply to the defense of infancy, was fully discussed in the case of Watkins v. Stevens, (4 Barb. 168.) In that case the general term of the supreme court of this district came to the conclusion that the contract of an infant, unless for necessaries, could not become obligatory upon him, except by virtue of a new promise or ratification made by him after he became of age; that such new promise or ratification must be equivalent to a new contract; and that the suit…
2Cases cited3 opinions
- Watkins v. StevensNew York Supreme Court · 1848
- Taft v. SergeantNew York Supreme Court · 1854
- Simpson v. LoftNew York Supreme Court · 1853
3Cited by5 opinions
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- Kuhn v. American Automatic Knife & Novelty Co.New York Court of Common Pleas · 1894
- Conklin v. FieldNew York County Court, Suffolk County · 1869
- Raymond v. TraffarnNew York Supreme Court · 1861