Shaw v. Philbrick

An action of assumpsit on the written promise of the defendant to pay plaintiffs three thousand dollars on the foreL closure of a real estate mortgage. Plea, general issue; brief statement sets up no consideration. Directed verdict for defendant. Case forward on bill of exceptions. Exception overruled.

The mortgagor, Mr. Horace W. Patten, a Limestone man, died in 1925. Two of the plaintiffs, children of the decedent, him-surviving, are his heirs at law. One of these plaintiffs is an infant. Minority and the consequent right to avoid, which the brief for the defendant calls to attention, may…