Hughes v. Murphy
Court of Appeals of Georgia
Trover, from city court of Baxley — Judge Thomas. April 8, 1908. C. M. Murphy, as guardian of Jeff Murphy, a minor, brought suit against D. A. Hughes, to recover .certain cattle, the property of the ward. The defendant, in his answer, admitted possession of the cattle, and averred that he had bought them from the ward, with the consent of the guardian, and had paid the ward for them.
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Trover, from city court of Baxley — Judge Thomas. April 8, 1908. C. M. Murphy, as guardian of Jeff Murphy, a minor, brought suit against D. A. Hughes, to recover .certain cattle, the property of the ward. The defendant, in his answer, admitted possession of the cattle, and averred that he had bought them from the ward, with the consent of the guardian, and had paid the ward for them. At the conclusion of the evidence, the court directed a verdict for the plaintiff; and this judgment is excepted to. On the trial, the following uncontroverted facts were shown: The plaintiff was the guardian of…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The right of setting up his infancy, for the purpose of exempting-him from the performance of his contracts or of disaffirming them, is, of course, a personal privilege, of which the infant alone can avail himself. This means that the party contracting with the infant can not plead this exemption as a reason for not performing the contract, unless he was ignorant of the fact of infancy at the time of making the contract; nor can third persons avail themselves of it as a defense. Civil Code, §3649. In other words, contracts made with infants by adults are…
2Cases cited6 opinions
- Smith v. SmithSupreme Court of Georgia · 1867
- Englebert v. TroxellNebraska Supreme Court · 1894
- Southern Cotton Oil Co. v. DukesSupreme Court of Georgia · 1905
- Shuford v. AlexanderSupreme Court of Georgia · 1884
- Ullmer v. FitzgeraldSupreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
- Levy v. McPhailCourt of Appeals of Georgia · 1925
- Merritt v. JowersSupreme Court of Georgia · 1937
- Lamb v. BrownCourt of Appeals of Georgia · 1984