Reed v. Lane
Supreme Court of Vermont
Sire facias against the defendant as bail in the suit of the plaintiff against one Henry Lane. The declaration did not aver that the writ against the said Henry was issued as a capias, nor that such a state of facts existed as would entitled the plaintiff in that suit to a capias, but did allege that the said Henry had been arrested by the Sheriff of the County and was in his custody when the defendant became his bail by endorsing'his name on the writ.
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Sire facias against the defendant as bail in the suit of the plaintiff against one Henry Lane. The declaration did not aver that the writ against the said Henry was issued as a capias, nor that such a state of facts existed as would entitled the plaintiff in that suit to a capias, but did allege that the said Henry had been arrested by the Sheriff of the County and was in his custody when the defendant became his bail by endorsing'his name on the writ. The defendant pleaded infancy; the plaintiff replied that after becoming of age the defendant had ratified his act, and to this replication…
1Opinion of the Court
.The opinion- of the court was delivered by
Royce, Ch. J.
The demurrer to the replication in this case' raises the question whether the act of an infant in endorsing his name on a writ as bail and surety for the appearance of the defendant named therein and that he should respond to any judgment that might be obtained against him,- was void or voidable as a contract.
This subject is one .on which there was at one time considerable conflict among the authorities, and the rule that an infant’s contracts are void or voidable according as they may be pronounced to be prejudicial or useful has been…
2Cases cited4 opinions
- Roberts v. GriswoldSupreme Court of Vermont · 1863
- Bank of Manchester v. SlasonSupreme Court of Vermont · 1841
- Davis v. DorrSupreme Court of Vermont · 1858
- Blood v. CrandallSupreme Court of Vermont · 1856
3Cited by2 opinions
- King v. CordreySuperior Court of Delaware · 1935
- Yatter v. Pitkin & MillerSupreme Court of Vermont · 1893