International Text Book Co. v. . Connelly
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1910, which affirmed a judgment of the Monroe County Court affirming a judgment of the Municipal Court of the city of Rochester in favor of defendant entered upon a dismissal of the complaint.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1910, which affirmed a judgment of the Monroe County Court affirming a judgment of the Municipal Court of the city of Rochester in favor of defendant entered upon a dismissal of the complaint. The plaintiff is a stock corporation organized under the laws of the state of Pennsylvania, with its principal office at the city of Scranton in that state. According to its charter it was formed “to originate, write, compile, illustrate, edit, publish and sell…
1Opinion of the CourtVann, J.
At common law a male infant attains his majority when he becomes twenty-one years of age and all unexecuted contracts made by him before that date, except for necessaries, while not absolutely void are voidable at his election. The contract in question was executory in form and unexecuted in fact, and as the defendant was under age when it was made, his infancy is an absolute defense unless an answer is found in some of the questions raised by the learned counsel for the plaintiff.
It is insisted that the contract was for necessaries and, hence, was binding on the defendant although he was an…
2Cases cited25 opinions
- Callanan v. . K., A.C. L.C.R.R. Co.New York Court of Appeals · 1910
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
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- Watts v. Swiss Bank Corp.New York Court of Appeals · 1970
- Gaines v. JacobsenNew York Court of Appeals · 1954
- Knieriemen v. Bache Halsey Stuart Shields Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Strain v. Seven Hills AssociatesAppellate Division of the Supreme Court of the State of New York · 1980
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