 | Arkansas. Supreme Court - 1877 - 810 sidor
...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 sidor
...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 sidor
...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 sidor
...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 sidor
...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 sidor
...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 sidor
...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 sidor
...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 sidor
...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 sidor
...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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On the other hand, if he avoids an executed contract when 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. 
