Nightingale v. Withington
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note made by the defendant, payable to Robert Vose or order, and by him endorsed to the plaintiff. The action was submitted to the determination of the Court, upon the following facts agreed by the parties. The defendant made the note declared on, in consideration of the labor and services of the said Robert Vose, who then was, and yet continues, under the age of twenty-one years.
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Assumpsit on a promissory note made by the defendant, payable to Robert Vose or order, and by him endorsed to the plaintiff. The action was submitted to the determination of the Court, upon the following facts agreed by the parties. The defendant made the note declared on, in consideration of the labor and services of the said Robert Vose, who then was, and yet continues, under the age of twenty-one years. He endorsed the same in blank, for a valúa ble consideration, to one Jacob Bacon; and this latter, for a like consideration, transferred it by delivery to the plaintiff, who, as well as the…
1Opinion of the CourtParker, C. J.
That an infant may endorse a negotiable prom issory note, or a bill of exchange, made payable to him, so as to transfer the property to an endorsee for a valuable consideration, seems to be well settled in the law merchant; and is no ways repugnant to the principles of the common law. Such endorsement is not like one made *by a feme covert; for a note payable to her becomes the property of her husband; and further, her acts are absolutely void, whereas those of an infant are voidable only.
*252It would be absurd to allow one who has made a promise to pay to one who is an infant, or his order, to…
2Cases cited5 opinions
- Angel v. McLellanMassachusetts Supreme Judicial Court · 1819
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Goodsell v. MyersNew York Supreme Court · 1830
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Oliver v. HoudletMassachusetts Supreme Judicial Court · 1816
3Cited by3 opinions
- Briggs v. McCabeIndiana Supreme Court · 1866
- Fuller v. RubyMassachusetts Supreme Judicial Court · 1858
- Kendall v. LawrenceMassachusetts Supreme Judicial Court · 1839