Carr v. Clough
Superior Court of New Hampshire
Trover for a horse. The action was commenced December 3d, 1851. It appeared in evidence that the plaintiff and defendant, about the first of October, 1850, exchanged horses; and that upon the exchange, the plaintiff, a minor, being the owner of the horse in question, delivered the same to the defendant in exchange for a mare, which the defendant delivered to the plaintiff; the defendant at the same time agreeing to pay the plaintiff the sum of $10 on the next day.
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Trover for a horse. The action was commenced December 3d, 1851. It appeared in evidence that the plaintiff and defendant, about the first of October, 1850, exchanged horses; and that upon the exchange, the plaintiff, a minor, being the owner of the horse in question, delivered the same to the defendant in exchange for a mare, which the defendant delivered to the plaintiff; the defendant at the same time agreeing to pay the plaintiff the sum of $10 on the next day. On the Monday next after the exchange, the plaintiff told the defendant he wanted to trade back, and the defendant said he would…
1Opinion of the CourtEastman, J.
There is no suggestion in this case of any misrepresentation or fraud, on the part of the minor, in entering into the contract between him and the defendant, and nothing tending to' show that the defendant was not perfectly aware of the minority of the plaintiff when the exchange of horses took place between them. And the defendant must be presumed to have entered into the contract with a full knowledge of the legal privileges that are extended to infants.
A question is made at the outset, whether the contract between the parties was fully executed or not. In many cases this would be an…
2Cases cited11 opinions
- Vasse v. SmithSupreme Court of the United States · 1810
- Buffington v. GerrishMassachusetts Supreme Judicial Court · 1818
- Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
- Roof v. StaffordNew York Supreme Court · 1827
- Willis v. TwamblyMassachusetts Supreme Judicial Court · 1816
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