Slaughter v. Morgan
Court of Appeals of Kentucky
CASE 6 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. The facts are stated in the opinion of the court. 1. Infancy is a personal privilege, which can only be taken advantage of by the infant himself, or by his representative.
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CASE 6 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. The facts are stated in the opinion of the court. 1. Infancy is a personal privilege, which can only be taken advantage of by the infant himself, or by his representative. (Cannon vs. Alsbury, 1 Mar., 77 ; Beeler's heirs vs. Bullitt's heirs, 3 Mar., 281.) The defendant could not rely upon the infancy of the plaintiff, and the court erred in its peremptory instruction to that effect. 2.An infant cannot bind himself, by contract, to pay a penalty or incur a forfeiture. (Parsons on Contracts, 243.) 1. The appellant is an infant, and…
1Opinion of the CourtChief Justice Wheat
delivered the ofinion of the court:
Morgan was the superintendent and owner of the Kentucky Military Institute. Slaughter, who was an infant under twenty - one years of age, entered and matriculated as a cadet at said institute, agreeably to what appears to have been the rules ol the school.
Slaughter advanced money to Morgan for tuition, board, &c., was taken sick, and left the institute. A short time thereafter the father of Slaughter called on Morgan, settled his account against the cadet, and received Morgan’s check on a bank for $55 90, the balance of Slaughter’s advance, as shown by…
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