Smith v. Equitable Co-operative Bank
Massachusetts Supreme Judicial Court
Contract by a minor, by her next friend, for $347.59, upon an account annexed, which set forth fourteen payments made to the defendant as a co-operative bank by the plaintiff between January 3, 1912, and January 1, 1913, inclusive. Writ in the District Court of Southern Essex dated February 7, 1914. On appeal to the Superior Court the case was tried before Hamilton, J., without a jury.
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Contract by a minor, by her next friend, for $347.59, upon an account annexed, which set forth fourteen payments made to the defendant as a co-operative bank by the plaintiff between January 3, 1912, and January 1, 1913, inclusive. Writ in the District Court of Southern Essex dated February 7, 1914. On appeal to the Superior Court the case was tried before Hamilton, J., without a jury. The following facts appeared in evidence: The plaintiff was born on February 27, 1893. The plaintiff’s mother owned a house in Lynn and the land on which it stood. In October, 1911, she mortgaged the house and…
1Opinion of the CourtHammond, J.
The judge before whom without a jury the case was tried found that in making the payments in question the plaintiff acted, not as the agent of her mother’s estate, but for herself alone; that the payments were made from her own money; that they were not beneficial to her, and that they were not made by way of a loan to her mother’s estate. All of these findings were warranted by the evidence. The plaintiff, being a minor at the time the payments were made, had the right to rescind the transactions even without putting the defendant in statu quo. Simpson v. Prudential Ins Co. 184 Mass. 348,…
2Cases cited1 opinion
- Simpson v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1903
3Cited by3 opinions
- Tracy v. BrownMassachusetts Supreme Judicial Court · 1928
- Carpenter v. GrowMassachusetts Supreme Judicial Court · 1923
- Peirce v. BoucherMassachusetts District Court, Appellate Division · 1941