McCarthy v. Henderson
Massachusetts Supreme Judicial Court
Contract to recover the sum of $175 paid by the plaintiff, a minor. Writ dated January 9, 1883. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on agreed facts, in substance as follows: The plaintiff was born on July 8, 1862. On September 22, 1882, he signed the following lease: “ Received of Henderson Brothers the following described property, to wit, one glass and curtain side barge named Village Queen, and I…
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Contract to recover the sum of $175 paid by the plaintiff, a minor. Writ dated January 9, 1883. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on agreed facts, in substance as follows: The plaintiff was born on July 8, 1862. On September 22, 1882, he signed the following lease: “ Received of Henderson Brothers the following described property, to wit, one glass and curtain side barge named Village Queen, and I am to hold the above-described property solely as the property of said Henderson Brothers, for the use of which I…
1Opinion of the CourtMorton, C. J.
The paper, which in the statement of facto is called a lease, is merely a receipt of the plaintiff acknowledg jng that he had received a barge of the defendants, and stating the terms and conditions upon which he was to hold it. It shows that the transaction between the parties was a conditional sale of the barge for the price of $675; that the sum of $175 was paid as a part of the consideration; that the balance was to be paid by future instalments; and that, when fully paid, tho barge was to become the property of the plaintiff. Bailey v, Hervey, 135 Mass. 172.
The contract made by the…
2Cases cited4 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- Bradford v. FrenchMassachusetts Supreme Judicial Court · 1872
- Gaffney v. HaydenMassachusetts Supreme Judicial Court · 1872
3Cited by27 opinions
- Rice v. . ButlerNew York Court of Appeals · 1899
- Hurnanen v. NicksaMassachusetts Supreme Judicial Court · 1917
- Knudson v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1918
- Hinckley v. Germania Fire InsuranceMassachusetts Supreme Judicial Court · 1885
- Schoenung v. GalletWisconsin Supreme Court · 1931
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