Conroe v. Birdsall
New York Supreme Court
This was an action of debt on a bond. The defendant pleaded infancy at the time of executing the bond, to which the plaintiff replied, and issue was taken on that fact. The cause was tried before Mr. Justice Lewis, at the last Duchess circuit, when the defendant supported his plea by proving, that at the time of giving the bond, he was no more than 20 years and some months old.
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This was an action of debt on a bond. The defendant pleaded infancy at the time of executing the bond, to which the plaintiff replied, and issue was taken on that fact. The cause was tried before Mr. Justice Lewis, at the last Duchess circuit, when the defendant supported his plea by proving, that at the time of giving the bond, he was no more than 20 years and some months old. The plaintiff then offered to prove, that at the time of giving the bond and before its execution, and in order to avoid any doubt on this point, the defendant was asked by the plaintiff’s agent who took the bond,…
1Opinion of the Court
Lansing, Ch. J.
delivered the opinion of the court. There, seems to be some obscurity on the subject of the different acts of an infant, which of them shall be void or voidable only, and perhaps the best rule is to be found in Perkins, (Perk. 12,) which was adopted by the court of king’s bench in Zouch v. Parsons, (3 Burr. 1804,) which is, that all deeds of an infant which do not take effect by delivery of Ms hand are merely void, and. all such-as do take effect by delivery of his hand are voidable. 'The bond in this instance is of the' latter description, and is voidable only at his'…
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