West v. Penny
Supreme Court of Alabama
Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. This was an action by plaintiff against defendant in error on a writing under seal, by which the defendant acknowledged to have received from the plaintiff the sum of fifteen hundred dollars, which he covenanted with him to pay over to certain persons in Tennessee, in specified amounts.
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Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. This was an action by plaintiff against defendant in error on a writing under seal, by which the defendant acknowledged to have received from the plaintiff the sum of fifteen hundred dollars, which he covenanted with him to pay over to certain persons in Tennessee, in specified amounts. The defendant interposed the plea of infancy, to which the plaintiff replied a promise to pay after he had become of age. The defendant demurred to the plaintiff’s replication and the court sustained the demurrer. The judgment of the…
1Opinion of the CourtCollier, C. J.
The contracts of an infant are in general voidable and may be confirmed when he comes of age; those alone are treated as absolutely void, which are certainly and in their nature prejudicial to his interest. 2 Greenl. Ev. § 367; Story on Con. § 57, 2d edit. In the latter case, the presumption is almost irresistible, that some unfair advantage has been taken of him, or some injurious influence has been exerted. The difference in this respect between the contracts of adults and infants is, that in the one case injury is only evidence of imposition, while in the other it is an uncontrolable…
2Cases cited6 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Oliver v. HoudletMassachusetts Supreme Judicial Court · 1816
- Crawford v. Childress' ExecutorsSupreme Court of Alabama · 1840
- Fant v. CathcartSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Williams v. PearsonSupreme Court of Alabama · 1862
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Bell v. BurkhalterSupreme Court of Alabama · 1912
- Philpot v. BinghamSupreme Court of Alabama · 1876
- American Mortgage Co. v. WrightSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.