Buckner v. Smith
File:WashingtonsReports1798V1BucknervSmith.pdf
In Buckner v. Smith, Washington Vol. I 296 (1794),[1] the court determined whether a creditor could collect an illegal gaming debt against a minor, who lied about his age at the time of the debt.
Background
Beverley, who was underage, lost a large amount of money to unlawful gaming with Smith. Smith then gave a valuable consideration to Stubblefield to collect on Beverley’s debt. This debt was then assigned to Graham and then to Dixon. Dixon sued to collect the debt against Beverley, Beverley confessed a judgment and reassured Dixon he would pay the debt. When Beverley became of age, he established a trust that would pay for the debt as well as provide money to his family. The trustees of Beverley’s estate surmising that the assignees were aware that this debt was wrong illegal gaming sought an injunction from the court preventing Dixon from collecting funds and discharging Beverley of responsibility.
The Court's Decision
Chancellor Wythe dismissed the injunction. The Court of Appeals affirmed the judgment finding that Beverley’s fraud was the cause of this issue and that Beverley’s acceptance of the judgment meant that he guaranteed to pay the debt.
See also
References
- ↑ Bushrod Washington, Reports of Cases Argued and Determined in the Court of Appeals of Virginia, (Richmond: T. Nicolson, 1798), 296.
