Whitney v. Dutch
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note, made by the defendants to the plaintiffs, on the 18th of December, 1811, for 847 dollars 76 cents. The defendant Dutch was defaulted. The defendant Green pleaded,— 1. The general issue; 2. That he was under age at the time when the note was made. The plaintiffs replied, that, after he came of age, he agreed to and confirmed the promise; to which he rejoined, that he did not so agree; on which also issue was joined.
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Assumpsit on a promissory note, made by the defendants to the plaintiffs, on the 18th of December, 1811, for 847 dollars 76 cents. The defendant Dutch was defaulted. The defendant Green pleaded,— 1. The general issue; 2. That he was under age at the time when the note was made. The plaintiffs replied, that, after he came of age, he agreed to and confirmed the promise; to which he rejoined, that he did not so agree; on which also issue was joined. It appeared at the trial, which was had at the last November term in this county before Jackson, J., that Dutch Green, while the latter was under…
1Opinion of the Court
* Parker, C. J.,
delivered" the opinion of the Court.
The question presented to the Court in this case, and which has been argued, is, whether the issue on the part of the plaintiffs is maintained by the evidence reported.
The first objection taken by the defendants’ counsel is, that no express promise is proved after the coming of age of the defendant. By the authorities, a mere acknowledgment of the debt, such as would take a case out of the statute of limitations, is not a ratification of a contract made during minority. The distinction is undoubtedly well taken. The reason is, that a mere…
2Cited by35 opinions
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