Burley v. Russell
Superior Court of New Hampshire
Assumpsit on four promissory notes, one of which was given to one Daniel Barber, and by him indorsed to the plaintiff. The three other notes were payable to the plaintiff, and were given subsequently to the time when Barber indorsed that note to the plaintiff. Plea, the general issue, with a brief statement, alleging that the defendant, at the time of giving said notes, was under the age of twenty-one years.
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Assumpsit on four promissory notes, one of which was given to one Daniel Barber, and by him indorsed to the plaintiff. The three other notes were payable to the plaintiff, and were given subsequently to the time when Barber indorsed that note to the plaintiff. Plea, the general issue, with a brief statement, alleging that the defendant, at the time of giving said notes, was under the age of twenty-one years. The signatures to the notes being admitted, the defendant introduced evidence tending to show his minority, at the time of making said notes ; and the plaintiff attempted to rebut that…
1Opinion of the CourtParker, C. J.
The position contended for by the counsel, that the declaration of the defendant, that he was of age, is an estoppel to him to set up his infancy, in avoidance of the contract, it is conceded is not supported by any direct authority : and our decision in Fitts vs. Hall, 9 N. H. Rep. 441, does not lead to such a result.
That decision is, that an infant, is liable, in case, for a fraudulent affirmation that he is of age, whereby another is induced to enter into a contract with him, if he afterwards avoids the contract, by reason of his infancy. In an action of that description, he is subjected…
2Cases cited1 opinion
- Fitts v. HallSuperior Court of New Hampshire · 1838