Story Case

When James Brown was eighteen years of age he married Stella Moore. After they had been married a year, Brown desired to be free of responsibility in supporting his wife. It was agreed that she should receive from him a note for two thousand dollars due in one year's time and secured by certain stocks and bonds which he owned, and that she, at the same time, relieved him from giving her the necessaries of life.

Six months later, Brown regretted his agreement with his wife and sought to avoid the contract, to which she refused to consent. He maintained that as an infant he had this right. How should his lawyer advise him?

Ruling Court Case. People Vs. Moore, Volume 4 Denio's Reports, Page 518; Volume 47 American Decisions, Page 272

There was a statute in New York which provided that the father of an illegitimate child should support such child during its period of infancy. It further provided that every such father should give bond to insure repayment to the City of New York, or to any city in the state, for money expended by any such city for the support of the child, in case the father failed or refused to do so. It was shown that the defendant, while still a minor, was the father of a bastard son. In accordance with the provisions of the statute, he gave bond to insure support of the child. He failed to support the child as required, and this case was an action upon his bond for money spent by the public in taking care of the child. The father contended that the bond was not binding upon him because it was entered into while he was still a minor.

Mr. Chief Justice Bronson said in part: "When an infant is under legal obligation to do an act, he may bind himself by a fair and reasonable contract made for the purpose of discharging the obligation."

In this case, since the statute imposes upon him the obligation to support the child in question, it was held that the bond was binding upon him, and judgment was given against him.

Ruling Law. Story Case Answer

The legislature of a given state may, at its discretion, impose obligation upon infants. If it does, any contract, note or bond made by the infant to fulfill such legal obligation is binding upon the infant notwithstanding the fact of infancy, if such contract be fair and reasonable. Since a husband is liable to his wife for the necessaries of life, any contract made by him with reference thereto cannot be avoided by him even though he is an infant. Since the note given by Brown, in the Story Case, was executed to fulfill this obligation imposed upon him by law, he cannot later avoid or disaffirm it.