Legal Opinion

Hunt v. Peake

New York Supreme Court

Decided May 15, 1826PublishedCited by 6 opinions

Action for breach of marriage promise. Plea infancy. General demurrer and joinder.

1Opinion of the Court

Curia, per Savage, Ch, J.

The general principle is against the liability of the infant; and I do not find that this case is an exception. In Holt v. Ward, (2 Str. 937,) it was decided, after full argument and deliberation, that the contract to marry by an infant is not void; but voidable at the election of the infant; yet, as to the person of full age, contracting with the infant, it absolutely hinds. Hence, an infant may maintain this action against an adult; but an infant defendant is not liable. (Com. Dig. Enfant, B. 6.) The defendant is entitled to judgment,

Judgment for the defendant. .

2Cited by6 opinions

  1. Roof v. StaffordNew York Supreme Court · 1827
  2. Hamilton v. LomaxNew York Supreme Court · 1858
  3. Fant v. CathcartSupreme Court of Alabama · 1845
  4. Wise v. SchloesserSupreme Court of Iowa · 1900
  5. Leichtweiss v. TreskowNew York Supreme Court · 1880

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