Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 59

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 59

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ... into the partnership, and has not yet attained that age, still these facts will not, under the pleadings in this case, prevent the Court from granting the complainant relief. "3rd. Because the defendant held' himself out to the complainant and to the world, as of the age of twenty-one years, when the copartnership was formed, and the complainant believed that he was of full age, and that the complainant having been imposed upon by the fraud and deceit of the defendant, he will not now be allowed to take advantage of his own wrongful acts, and the Court should not therefore sustain his defence of infancy. "The case has been argued upon a general demurrer by the defendant'to this motion, and on the part of the defendant, it is strenuously insisted, that this plea of infancy is a flat and absolute bar to all the relief asked by the complainant in his bill, and that the same must be dismissed with costs, and the proceedings ended. " To this proposition thus broadly stated and insisted upon, I cannot yield assent. I concede that the law casts its protection and guardianship around infants, as to all their contracts, except those for necessaries, and that it is not competent for the Court in this case to pass any decree, which will impose any personal liability upon the infant defendant for the debts of this firm, or enforce upon him any of the terms or conditions of this partnership contract, or even compel him to pay any of the costs of these proceedings. So far I agree that his infancy protects him, but I am clearly of opinion, that it is perfectly competent for the Court to decree a dissolution of the partnership, and to vyind up its affairs through the medium of a receiver--that is, to collect the debts due to the...
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Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 123683741X
  • 9781236837417