 | Law reports, digests, etc - 1905 - 988 pages
...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 cannot have the benefit of the contract on one side without returning the equivalent on the other."... | |
 | Thomas Erskine Holland - Jurisprudence - 1906 - 484 pages
...Settlements Act, 1855, and the Infants Relief Act, 1874. The disability of an infant, said Lord Mansfield, is to be used ' as a shield and not as a sword,' Zouch ?'. Parsons, 3 Burr. 1804; yet he is not liable in tort for inducing a contract by falsely representing... | |
 | National Fraternal Congress of America. Law Section - 1909 - 148 pages
...jurisdictions is now, I think, as announced in the case of Rice vs. Butler (160 XY 578), namely, that infancy is to be used as a shield and not as a sword, and if the infant has had benefits from the contract which he seeks to rescind, he must account for... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1911 - 1000 pages
...The statute of frauds is for the prevention of fraud, and not in aid of the perpetration of fraud. It is to be used as a shield, and not as a sword. (Id.) 25. STATUTE WHEN INAPPLICABLE—ORAL AGREEMENTS VOLUNTARILY PERFORMED.—The statute of frauds... | |
 | Law reports, digests, etc - 1911 - 1000 pages
...The statute of frauds is for the prevention of fraud, and not in aid of the perpetration of fraud. It is to be used as a shield, and not as a sword. (Id.) 25. STATUTE WHEN INAPPLICABLE — ORAL AGREEMENTS VOLUNTARILY PERFORMED. — The statute of frauds... | |
 | New York (State). Courts - Law reports, digests, etc - 1913 - 744 pages
...ground upon which the plaintiff asserts her claim is the privilege of infancy. This privilege, however, is to be used as a shield and not as a sword, and, as the plaintiff has received the benefit of the contract which she now seeks to repudiate, she... | |
 | William Frederick Elliott - Contracts - 1913 - 1180 pages
...into a bailment contract than any other contract." However, as has often been said, this disability is to be used as a shield, and not as a sword, and while persons under a disability are not liable for a breach of their contract, yet, having once... | |
 | Lincoln Frederick Schaub, Nathan Isaacs - Commercial law - 1921 - 872 pages
...there is no good reason of policy why he should be exempt from liability. "The disability of a minor is to be used as a shield and not as a sword." It is also well settled that a minor is liable for goods supplied to him if they are necessaries. That... | |
 | New York (State). Courts - Law reports, digests, etc - 1922 - 998 pages
...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 cannot have the benefit of the contract on one side without returning the equivalent on the other.'... | |
 | Edwin Hamlin Woodruff - Domestic relations - 1920 - 784 pages
...he comes of age, on the ground of infancy, he must restore the consideration which he has 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.... | |
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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. 
