Legal Opinion

Shipman v. Horton

Supreme Court of Connecticut

Decided June 15, 1846PublishedCited by 8 opinions

This was an action of trespass de bfinis asportatis, against Humphrey Horton and George Andross. The cause was fried, on the general issue, at Hartford, January term 1846, before Williams, Ch. J. On the trial, the plaintiff claimed to have proved, that he contracted with the defendant Horton, who had been in the business of a peddler, to purchase goods suitable for that business, and instruct Albert, the plaintiff’s minor son, in such business ; that the plaintiff would buy…

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This was an action of trespass de bfinis asportatis, against Humphrey Horton and George Andross. The cause was fried, on the general issue, at Hartford, January term 1846, before Williams, Ch. J. On the trial, the plaintiff claimed to have proved, that he contracted with the defendant Horton, who had been in the business of a peddler, to purchase goods suitable for that business, and instruct Albert, the plaintiff’s minor son, in such business ; that the plaintiff would buy said goods of Horton, at an advance of ten per cent, upon the cost, and give his note therefor to Horton, payable in…

1Opinion of the Court

Williams, Ch. J.

The defendants insist, that Horton, being an infant, had a right to rescind his contract, and retake his goods. The plaintiff admits, that he might have avoided it at full age, but not while he remained an infant.

In case of a deed of land bv an infant, it seems to be settled, that the conveyance cannot be avoided until the infant arrives at full age, and in case of marriage, not until he arrives at the age of consent. Zouch v. Parsons, 3 Burr. 1808. 3 Bac. Abr. tit. Infancy. A. And we have found no case, in which this doctrine has been extended to personal property, except *484j…

2Cases cited2 opinions

  1. Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
  2. Warner v. NorthNew York Supreme Court · 1823

3Cited by8 opinions

  1. Price v. FurmanSupreme Court of Vermont · 1855
  2. Bennett v. United Lumber & Supply Co.Supreme Court of Connecticut · 1930
  3. Adams v. BeallCourt of Appeals of Maryland · 1887
  4. Bradford v. FrenchMassachusetts Supreme Judicial Court · 1872
  5. Gage v. MenczerCourt of Appeals of Texas · 1912

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