Wilcox v. Roath
Supreme Court of Connecticut
This was an action on a promissory note, for 134 dollars, dated the 26th of May, 1829. There were also counts in in-debitatus assumpsit, and on an account stated. The defendant pleaded infancy at the making- of the note; and the plaintiff replied a ratification, by the defendant, after he became of full age ; on which issue was joined.
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This was an action on a promissory note, for 134 dollars, dated the 26th of May, 1829. There were also counts in in-debitatus assumpsit, and on an account stated. The defendant pleaded infancy at the making- of the note; and the plaintiff replied a ratification, by the defendant, after he became of full age ; on which issue was joined. The cause was tried at Neio-Haven, January term, 1838, before Waite, J. It was admitted, by the plaintiff, that the defendant was under the age of twenty-one years when he gave the note; and that he became of full age on the 11th of June, 1831. To prove a…
1Opinion of the CourtBissell, J.
It is admitted upon the pleadings in this case, that the note declared on, was given by the defendant, while a minor under the age of twenty-one years. And the only question submitted to our consideration, is, whether the evidence adduced on the trial be sufficient to prove a ratification of the contract, by him, after he arrived at full age. The evidence is all in waiting, and consists of the deposition of Frederick Sill, and the letter of the defendant, dated the 3lst day of August, 1837.
The judge who tried the cause upon the circuit, left it to the jury to say, whether the evidence offered…
2Cases cited4 opinions
- Goodsell v. MyersNew York Supreme Court · 1830
- Gay v. BallouNew York Supreme Court · 1830
- Smith v. MayoMassachusetts Supreme Judicial Court · 1812
- Rogers v. HurdSupreme Court of Connecticut · 1809
3Cited by12 opinions
- Henry v. . RootNew York Court of Appeals · 1865
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Craft v. IshamSupreme Court of Connecticut · 1838
- Hastings v. DollarhideCalifornia Supreme Court · 1864
- American Mortgage Co. v. WrightSupreme Court of Alabama · 1893
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