Legal Opinion

M'Crillis v. How

Superior Court of New Hampshire

Decided February 15, 1826PublishedCited by 4 opinions

Assumpsit upon a note, dated February 21, 1823, for §21,92, made by the defendant and payable to the plaintiff or order. There was also a count upon an account for medicines and visits, as a physician, amounting to $21,92. The cause was submitted to the decision of the court, upon the following facts. The plaintiff did the services, and furnished the medicines, mentioned in the second count; but at the time, the defendant was an infant under the age of twenty-one years.

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Assumpsit upon a note, dated February 21, 1823, for §21,92, made by the defendant and payable to the plaintiff or order. There was also a count upon an account for medicines and visits, as a physician, amounting to $21,92. The cause was submitted to the decision of the court, upon the following facts. The plaintiff did the services, and furnished the medicines, mentioned in the second count; but at the time, the defendant was an infant under the age of twenty-one years. The services so rendered, and the medicines so delivered, were necessary and proper for the defendant. On tire 21st…

1Opinion of the Court

By the court.

It has long been settled, that no action can be maintained against an infant, upon a promissory note. The reason assigned is, because, if the note was held to he valid, the infant would, when the note was in the hands of a bona fide endorsee, be precluded from disputing the original debt. Chitt. on Bill. 24.—1 D. & E. 40, Freeman vs. Hurst.—3 Caines' Rep. 322, Van Winkle vs. Mitcham.—10 John. 33, Swazey vs. The adm'r. of Vanderheyden.—2 Starkie 36, Ingledew vs. Douglas.—Campbell 552, Williamson vs. Watts.—Carthew 160, Williams vs. Harrison et a.

The plaintiff then cannot recover…

2Cases cited1 opinion

  1. Markle v. HatfieldNew York Supreme Court · 1807

3Cited by4 opinions

  1. Wentworth v. WentworthSuperior Court of New Hampshire · 1831
  2. Aldrich v. GrimesSuperior Court of New Hampshire · 1839
  3. Burnham v. SpoonerSuperior Court of New Hampshire · 1840
  4. Conn v. CoburnSuperior Court of New Hampshire · 1834

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