People v. Moores

Headnote

Where an infant is under a legal obligation to do an act, he may, in general, bind himself by a contract for its performance, which will be valid notwithstanding his infancy.

Accordingly, in an action on a bond executed pursuant to the statute by the reputed father of a bastard child, conditioned to indemnify the town; held, that a plea that the defendant was an infant at the time of the execution of the obligation was ns defence.

Debt on a bastardy bond in the penalty of $500, conditioned that the defendant Daniel B. Moores, the father of the child, would indemnify the city of New-York, where the child had been bom, and every other county, &c. which might be put to any expense for the support of the child, or of its mother during i her confinement and recovery therefrom, against all such expenses. Breach, that the defendant had not indemnified the city of New-York, &c. and the city, after the making of the bond, had been obliged to expend divers large sums of money for the support of the child, &c. Plea, by the defendant Daniel B. Moores, the father of the child, that he was an infant within the age of twenty-one years at the time of the making of the writing obligatory. Replication, setting out regular proceedings for the arrest of the said Daniel B. as the reputed father of the child, his arrest, an order of filiation, and that the said Daniel B., with his father Daniel Moores, thereupon entered into the bond in question ; whereupon the justices discharged the said Daniel B. from his arrest; concluding with a verification. Demurrer and joinder.