¶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 [Case No. 6,977], at Washington, December, 1827.
30 F. Cas. 840
Young v. Bell
U.S. District Court
Decided July 15, 1806
U.S. District Court · decided 1806-07-15
Debt on a promissory note. The defendants [Bell & Wray] pleaded nil debet, and offered evidence of infancy in support of the plea. There is a difference between contracts 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