H. C. Miner Lithographing Co. v. Santley

Appellate Terms of the Supreme Court of New York

H. C. Miner Lithographing Co. v. Santley

150 N.Y.S. 71

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 4, 1914

StatusPublished

Cited by1 cases

This text of 150 N.Y.S. 71 (H. C. Miner Lithographing Co. v. Santley) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

H. C. Miner Lithographing Co. v. Santley, 150 N.Y.S. 71 (N.Y. Ct. App. 1914).

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Opinion

SEABURY, J.

The plaintiff sued the defendant upon a written contract of guaranty. The defendant pleaded infancy. It is conceded that the defendant was an infant at the time that the contract was made. The plaintiff seeks to overcome this defense by the claim that after the defendant became of age he wrote the plaintiff, asking that an itemized bill be sent to him. This act was not such a ratification of the contract of guaranty as to render the defendant liable upon it. [72]*7222 Cyc. 604, and cases cited; International Text-Book Co. v. Connelly, 206 N. Y. 188, 197, 99 N. E. 722, 42 L. R. A. (N. S.) 1115.

The defense of infancy having been established, the judgment is reversed, with costs, and the complaint dismissed, with costs. All concur.

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SEABURY, J.

The plaintiff sued the defendant upon a written contract of guaranty. The defendant pleaded infancy. It is conceded that the defendant was an infant at the time that the contract was made. The plaintiff seeks to overcome this defense by the claim that after the defendant became of age he wrote the plaintiff, asking that an itemized bill be sent to him. This act was not such a ratification of the contract of guaranty as to render the defendant liable upon it. [72]*7222 Cyc. 604, and cases cited; International Text-Book Co. v. Connelly, 206 N. Y. 188, 197, 99 N. E. 722, 42 L. R. A. (N. S.) 1115.

The defense of infancy having been established, the judgment is reversed, with costs, and the complaint dismissed, with costs. All concur.

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Bluebook (online)

150 N.Y.S. 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-c-miner-lithographing-co-v-santley-nyappterm-1914.

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