Hastings v. Dollarhide

Citations

• 24 Cal. 195

Syllabus

<p>Infancy—Who Can Take Advantage of.—No one can take advantage of the fact of infancy in avoidance of contracts except the infant himself, or his heirs or personal representatives.</p> <p>Contracts of Infant—How Avoided.—An infant may make or indorse a promissory note, and as to him, the note or indorsement-will not be void, but merely voidable, at his election.</p> <p>Infant May Contract by Agent.—An infant may execute a promissory note by an agent, and an infant promissee may also authorize another to transfer a note by indorsement for him, and the transfer is valid until avoided.</p> <p>Indorsement of Note by Infant.—An indorsee of a promissory note, deriving title from an infant indorser, acquires a good and valid title to the note against every other party thereto except the infant. The infant may, at any time before ratifying the transfer, intercept payment to the indorsee, or by giving notice to the maker of his avoidance, furnish him a valid defense against the indorsee.</p> <p>Avoidance of Indorsement by Infant.—Until the infant gives notice of his avoidance of his indorsement of a promissory note, the title of the indorsee is valid, and the maker cannot plead the infancy of the indorser, in an action brought on it, as a defense.</p> <p>Ratification of Indorsement of Infant.—An infant promissee sold a promissory note, received the purchase money, and indorsed the note to the purchaser, and for eleven months after she arrived at her majority made no offer to return the purchase money, nor did she do or say^anythiqg indicating an intention on her part to disaffirm her indorsement ] held, that fication of the assignment. M==U<ecí3 amounted to a rati-</p> <p>Deed of Infant.—The deed of an infant is not void, but voidable.</p> <p>When Infant may affirm Deed.—An infant grantor can neither affirm nor disaffirm a conveyance of land made during nonage, until he attains the age of legal majority.</p> <p>Deed of Infant—How Disaffirmed.—If an infant grantor, after att