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BOYCE v. DOYLE

113 N.J. Super. 240 (1971)

273 A.2d 408

VERNON BOYCE, PLAINTIFF, v. EDITH DOYLE AND EDWARD J. MARCH, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 25, 1971.

Attorney(s) appearing for the Case

Mr. Mark L. Stanton for plaintiff (Messrs. Stanton & Recht, attorneys).

Mr. Philip J. Maiorca for defendant Edith Doyle (Mr. Henry O. Habick, attorney).

Mr. James D. Butler for defendant Edward J. March.

OSBORNE, J.S.C.

This is a motion for summary judgment on defendant March's counterclaim against the plaintiff Boyce. The narrow legal issue to be resolved is whether an infant who has disaffirmed a release executed during his minority must return the consideration he received, where that consideration consisted of money now dissipated.

On July 26, 1967, when plaintiff was 19 years old, he was injured while a passenger on a motorcycle driven by defendant March...

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