Merriam v. Wilkins
Superior Court of New Hampshire
Assumpsit for goods sold and delivered. The cause was tried in the common pleas, at September term, 1833, and a verdict taken for the plaintiffs, subject to the opinion of this court, on the following case. The goods mentioned in the declaration were sold, and delivered to the defendants by the plaintiffs, but at the time of the sale Erastus Wilkins was an infant, under the age of twenty-one years.
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Assumpsit for goods sold and delivered. The cause was tried in the common pleas, at September term, 1833, and a verdict taken for the plaintiffs, subject to the opinion of this court, on the following case. The goods mentioned in the declaration were sold, and delivered to the defendants by the plaintiffs, but at the time of the sale Erastus Wilkins was an infant, under the age of twenty-one years. But to obviate the objection of his infancy the plaintiffs proved, that, after the commencement of this action, and after Erastus arrived at the age of twenty-one years, he declared that he would…
1Opinion of the CourtRichaRdson, C. J.
We are of opinion that this action cannot be sustained against Erastus Wilkins. In Wright v. Steele, 2 N. H. *433Rep. 51, it was decided, that a promise made after the commencement of the action, and after the minor arrived at the age of twenty-one years, might be considered as a waiver of the defence of infancy so that the contract might be considered as valid from the beginning. But this view is sustained by no other authority, and cannot be reconciled with what must now be considered as settled principles of law on this subject.
It was supposed in that case that there was a close analogy…
2Cases cited1 opinion
- Wright v. SteeleSuperior Court of New Hampshire · 1819
3Cited by7 opinions
- Hale v. GerrishSuperior Court of New Hampshire · 1836
- Merrill v. CoggillSuperior Court of New Hampshire · 1841
- Aldrich v. GrimesSuperior Court of New Hampshire · 1839
- Conn v. CoburnSuperior Court of New Hampshire · 1834
- Russell v. AbbottSuperior Court of New Hampshire · 1843
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