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Brown v. Dunham

Brown v. Dunham, 1 Root 272 (1791)
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Court
Supreme Court of Connecticut · State Highest Courts
Decided
March 15, 1791
Citations
1 Root 272
Headnotes
A minor not liable for a fraud in-a contract, who is incapable of making one.
Summary
Error to reverse a judgment of a justice in an action of the case for a fraud, in the sale of a horse, brought by Dunham against Brown. Plea in bar — That> said sale on the 16th of March A. D. 1790 at which time the defendant was a minor under the age of twenty-one years, and under the care of his father. Plaintiff replied — That-the defendant had the appearance-of a man of full age and was allowed by his father to- trade. Demurrer. J udgment — That the plaintiff’s reply is sufficient. Error assigned —■ That the plaintiff’s reply is insufficient and ought to have been so- adjudged.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Judgment — Manifest error. The defendant being a minor under the care of his parent, was incapable of making a contract, except for necessaries, therefore could not be guilty of a fraud in contracting.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1865–1866: 11875–1876: 11885–1886: 11899–1900: 11923–1924: 118652026peak 1865 · 1

Relies on it most ⓘ

  1. Rice v. Boyer9 N.E. 420 (Ind. 1886)
  2. Greensboro Morris Plan Co. v. Palmer116 S.E. 261 (N.C. 1923)
  3. Slayton v. Barry49 L.R.A. 560 (Mass. 1900)
  4. Ferguson v. Bobo54 Miss. 121 (1876)
  5. Gilson v. Spear38 Vt. 311 (1865)

Most recent

  1. Greensboro Morris Plan Co. v. Palmer116 S.E. 261 (N.C. 1923)
  2. Slayton v. Barry49 L.R.A. 560 (Mass. 1900)
  3. Rice v. Boyer9 N.E. 420 (Ind. 1886)
  4. Ferguson v. Bobo54 Miss. 121 (1876)
  5. Gilson v. Spear38 Vt. 311 (1865)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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