Millard v. Hewlett
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit in June, 1837, before the Hon. John Willard, one of the circuit judges. The plaintiff declared on a promissory note for $50, made by the defendant, bearing date 9th March, 1835, payable in one year, and also on the money counts.
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This was an action of assumpsit, tried at the Washington circuit in June, 1837, before the Hon. John Willard, one of the circuit judges. The plaintiff declared on a promissory note for $50, made by the defendant, bearing date 9th March, 1835, payable in one year, and also on the money counts. He proved a loan made to the defendant of the sum of $150, in March, 1835, to secure the payment of which, the note declared upon and another note for $100 were given to the plaintiff, both of which were delivered up on the trial to be cancelled. The plaintiff, at the time of the loan, was about twenty…
1Opinion of the Court
, for the plaintiff.
By the Court,
Nelson, Ch. J.
If the plaintiff was obliged to affirm the contract of loan in order to maintain this recovery, though made during infancy, the defence of usury must have been successful; for courts will not carry into effect illegal agreements, even in behalf of infants. But this is not the case he presents ; his privilege enables him to avoid the contract, and to stand before the court upon the footing as if none had been made in contemplation of law. The contract urged upon him was never obligatory, or operative, as it has always been in his power to admit or…
2Cases cited1 opinion
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