Hunt v. Peake

New York Supreme Court

Hunt v. Peake

5 Cow. 475

CourtNew York Supreme Court

DecidedMay 15, 1826

StatusPublished

Cited by6 cases

This text of 5 Cow. 475 (Hunt v. Peake) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hunt v. Peake, 5 Cow. 475 (N.Y. Super. Ct. 1826).

Pincite

Opinion

Curia, per Savage, Ch, J.

The general principle is against the liability of the infant; and I do not find that this case is an exception. In Holt v. Ward, (2 Str. 937,) it was decided, after full argument and deliberation, that the contract to marry by an infant is not void; but voidable at the election of the infant; yet, as to the person of full age, contracting with the infant, it absolutely hinds. Hence, an infant may maintain this action against an adult; but an infant defendant is not liable. (Com. Dig. Enfant, B. 6.) The defendant is entitled to judgment,

Judgment for the defendant. .

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Curia, per Savage, Ch, J.

The general principle is against the liability of the infant; and I do not find that this case is an exception. In Holt v. Ward, (2 Str. 937,) it was decided, after full argument and deliberation, that the contract to marry by an infant is not void; but voidable at the election of the infant; yet, as to the person of full age, contracting with the infant, it absolutely hinds. Hence, an infant may maintain this action against an adult; but an infant defendant is not liable. (Com. Dig. Enfant, B. 6.) The defendant is entitled to judgment,

Judgment for the defendant. .

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Bluebook (online)

5 Cow. 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-peake-nysupct-1826.

Opinion

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