The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-12
roR arrSoRs VINO Bur BICYCLES.
Ceurts Decide That 1~nstaIImest Pian H1eH Can't
Mold Then 10 Their Cnntrncfn.


The Appellate Division of the Supreme Court
has decided that a minor who has entered into
a contract for the purchase of a bicycle on the
installment plan may return the bicycle at any
time and take back the full amount he has paid
to the dealer. A number OF lawyers who have
read the full text Of this decision say that It 10
n strictly just one, although tncy were greatly
surprised when they frat hoard of It. as the
same point has como up several times during
the past few years and has always been decided
the other way.
Tho case In question IL that Of Mary Rice
against William Allen Butler, a member of a
Syracuse bicycle Arm. known as tho Reuben
Woods Sons Company. The plaintiff was II
years old on juno 1S, 1896. when she purchased
the bicycle. 1t was to cost S45, and tho girl.
who was employed as a servant, paid $l5 down.
and, in n written exeoutory contract, agreed to
pay 1928 q week in installments until the
bicycle was paid for. The title to the wheel was
to remain with the company until all tho INSTALL
ments were paid up, and the company also
retained the right to take the machine away
II 1t was not kept in good repair or the pay
ments were not made regularly. On Sept. 90.
following the delivery of the wheel. Miss Rice
returned 1t to the company, saying that she had
been defrauded. She demanded hcr money back.
1t was refused on the ground that the use she
hhu luI VI II III was OEl " lnhh III
had paid in installments, and that the wheel had
been damaged by use to the extent of $50, the
amount paid in.
Miss Rice brought action in Syracuse and lost.
On appeal to the County Court Of Onondaga
county. the verdict of the lower court was up
held. Miss Rice then carried the case to tho
Justices Hardin. Follctt. Adams. Green and
Ward. Tho opinion was written by Justice
Green, Justices Adams and Ward dissenting.
Following arc the important points in the de-
IAN infant not under guardianship may
enter into a valid contract for a necessary
article, but a bicycle is not an article OF
n ns q domestic LIZ a.s..ri. "a An f infSnt 9nde w0 rHars
dianship cannot bind himself for necessaries
guardian. 1t does not appear that the plain
tiff has a. general guardian. and the case is
s eontrasts. By inf nS,e not ap Pnder sS sS efisSndhHTy
for the purchase of unnecessary articles. For
merly il was doubted whether an, infant could
rescind his contract, and 1t was held by some OF
the reported cases that he could not. because by
reason of his infancy he could no moro annul
to rescind until he reached his majority.
1T Is now settled in this State that an infant
Services. one relating to personSity soopr p one for
the payment of money. The bicycle not being II
necessity. tho contract upder which, it was pur-
scinded before the period fixed for the perform
ance Of the contract, the question arises whether
the infant may recover the amount which
she paid on the contract without dimi-
mutton for the use of the machine, or
for damages thoreto, oceasioned by its
use. It is apparent that under the author.
ties the vender could not have maintained
an action against the infant vendee for the pur-
chase price of the wheel, or for the use thereof,
or for damages not wilfully inflicted, but occa-
stoned by the use OF the wheel. 1t is difficult to
see that the vender is any moro entitled to re-
cover by way of counter claims on such a cause
of action than he would have been had he
brought an action. Experience has shown 1t
necessary to enforce these rules for the protec-
ton OF infants and incompetents, in order to
protect them from being defrauded of their es-
tates, and. while they work occasional injustice.
they are necessary for the protection Of such
persons.
IF it shall be held that infants or incom-
petents must make restitution before actions
can be maintained for the recovery of their
property, their estates will DO exposed to do
pletion by unprincipled persons. A vender who
sells, on tho installment plan, q bicycle to a girl
IT years of age. employed as a domestic. should
be content to stand on his strict legal rights"
The opinion closes with the citation Of a num-
Der of presidents and an order reversing tho
decision Of the lower courts.