Wentworth v. Wentworth
Superior Court of New Hampshire
Assumpsit for work and labor. The cause was tried here, at May term, 1830, upon the general issue, when it appeared in evidence, that the defendant, being indebted to the plaintiff in the sum of §100, for work and labor, requested the plaintiff to take the note of a son of the defendant, for the said sum of §100, the son being then a minor, under the mge of twenty-one years.
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Assumpsit for work and labor. The cause was tried here, at May term, 1830, upon the general issue, when it appeared in evidence, that the defendant, being indebted to the plaintiff in the sum of §100, for work and labor, requested the plaintiff to take the note of a son of the defendant, for the said sum of §100, the son being then a minor, under the mge of twenty-one years. This the plaintiff at first refused to do on account of the infancy of the son, but he at length took two notes of the son, one for the sum of §80, and another for the sum of §40, payable to himself, or order, and…
1Opinion of the Court
By the court.
The negotiable note of an infant furnishes no ground of action, and is in fact of no value. 3 N. H. Rep. 348.
The agreement of the plaintiff to discharge this claim upon the defendant, which was then due, was in fact without any consideration. And as the discharge does not appear to have been under seal, it is without any legal effect. 2 Starkie’s Ev. 127; 13 Johns. 87, Crawford v. Millspough ; 1 N. H. Rep. 281 ; 4 ditto, 492.
Judgment on the verdict.
2Cases cited3 opinions
- Crawford v. MillspaughNew York Supreme Court · 1816
- Wright v. First Crockery Ware Co.Superior Court of New Hampshire · 1818
- M'Crillis v. HowSuperior Court of New Hampshire · 1826
3Cited by2 opinions
- Aldrich v. GrimesSuperior Court of New Hampshire · 1839
- Fogg v. SawyerSuperior Court of New Hampshire · 1838