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Forms of practice; or, American precedents in actions, personal and real, interspersed with annotations - Softcover
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1828 Excerpt: ... But an infant is liable on his single bill, or on his promissory note, if given for necessaries, of whicJi the court vrill judge. 1 T. Rep. 41; See Salk. 386. But it seems an infant cannot accept a bill of exchange for necessaries. 1 Camp. 552. If infancy is not a defence to a contract, in the country where the contract is made, it is none here, 3 Esp. R. 163, and the onus probandi lies on the infant, to show such contract is void there. Ibid. A ratification by a person after coming of age, made under the terror of an arrest, or through ignorance of the law, is not binding. 5 Esp. R. 102. Where an infant and an adult join in a contract, voidable as respects the infant, the adult may be sued alone. 3 Taunt. 307. An infant sues by his next friend, or by his guardian, specially admitted by the court for that purpose; and the next friend may be any one, who is willing to undertake his cause, and become liable for the costs. If the infant sues in this manner, he cannot disavow his prochein amy. Com. Dig. Plead. (2 C. 1.) But after full age, he may proceed in the suit, by attorney. 2 Cro. 580. Where an infant is joined with others, in suing in the right of another, the action may be brought by attorney; 3 Cro. 377; as they all make but one person in law. So husband and wife may sue by attorney, though the wife is an infant. 2 Saund. 213. An infant may maintain an action for a breach of promise of marriage, though the only consideration was the infant's promise, which was voidable. Str. 937. In an action against an infant, it is not necessary to mention his infancy, and that the articles were necessary. But, if the infant pleads his infancy, the plaintiffmay-reply, that the articles furnished were necessaries; Jon. 146; Str. 1101; or, that the defendant confirmed ...
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