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1 D.C. 342

Young v. Bell

District of Columbia District Court · decided 1806-07-15

Debt on a promissory note. The defendant pleaded nil debet, and offered evidence of infancy in support of the plea. There is a difference between contraéis void and voidable. This note was' not void, but voidable. If infancy be pleaded, the plaintiff may reply that it was given for necessaries.

Decided 1806-07-15

The Court,

¶1having taken time to consider, decided, {nem. con.) that infancy cannot be given in evidence, on the plea of nil debet to an action of debt on a promissory note, being of opinion that • it is not void, but voidable. See Hyer v. Hyatt, at Washington, December, 1827.

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