| Arkansas. Supreme Court - 1877 - 810 sider
...of the purchase money. Bozeinan et al. vs. Browning et al. It was well said by Chancellor Kent, that the. privilege of infancy is to be used as a shield, and not as a sword. 2 Kent Com., 240; Tyler on Inf. and Cov., 77. Strain v. Wright, 1 Georgia, 570 ; Jeffords, adm'r, v.... | |
| James Kent - 1848 - 1046 sider
...provided he has not receiBed any benefit under the contract. the consideration which he had received. The privilege of infancy is to be used as a shield, and not as a sword. He cannot have the benefit of the contract on one side, without returning the equivalent on the other.*... | |
| James Kent - 1858 - 966 sider
...he comes of age, on the ground of infancy, he must restore the consideration which he had received. The privilege of infancy is to be used as a shield, and not as a sword. ' He Lord Bacon, persona conjuncta equiparatur interesse proprio, that an infant widow was liable for... | |
| Alexander Ralston Tiffany - 1859 - 656 sider
...he comes of age, on the ground of infancy, he must restore the consideration which he had received. The privilege of infancy is to be used as a shield, and not as a sword.— 2 Kenfs Com., 1th ed., 243. An infant in consideration of an outfit to enable him to go to California,... | |
| James Kent - 1866 - 954 sider
...he comes of age, on the ground of infancy, he must restore the consideration which he had received. The privilege of infancy is to be used as a shield, and not as a sword.2 He cannot have the benefit of the contract on one side, without returning the equivalent on... | |
| Ransom Hebbard Tyler - 1868 - 984 sider
...he comes of age, on the ground of infancy, he must restore the consideration which he had received. The privilege of infancy is to be used as a shield, and not as a sword." (2 Kenfs Com. 240. Vide also Strain v. WriyM, 1 Qeo. R. 568. Lock v. Smith, 41 NHR 346. Baily v. fiarnlcryer,... | |
| North Carolina. Supreme Court - 1878 - 760 sider
...he comes of age, on the ground of infancy, he must restore the consideration which he had received. The privilege of infancy is to be used as a shield, and not as a sword." These general principles are clearly just and reasonable, and are fully supported by the authorities... | |
| 1886 - 546 sider
...The law which enables a party who has purchased property during infancy to disaffirm on coming of age is to be used as a shield and not as a sword ; as a means by which he may be discharged from a contract which he deems prejudicial. The object is... | |
| New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1884 - 622 sider
...he comes of age, on the ground of infancy, he must restore the consideration which he had received. The privilege of infancy is to be used as a shield, and not as a sword" (2 Kent s Com. *240). Tyler on Infancy (p. 77), says the rule may be regarded as settled that " if... | |
| 1891 - 1170 sider
...never be asserted as a cause of action in hi« behalf, or for conferring upon him a right of action. It is to be used as a shield, and not as a sword. "It has never been held that the expiration of the statutory time for bringing an action to recover... | |
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