Robinson v. Weeks
Supreme Judicial Court of Maine
On Report. Assumpsit to recover back the sum of $200, paid by the plaintiff to the defendant, for one share in the Mt. Vernon Land and Petroleum Company, together with the interest on the same. It appeared in evidence that' the plaintiff was born Oct. 31, 1845; that, on March 3, 1866, the defendant solicited and induced the plaintiff to purchase one share of the stock of the Mt.
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On Report. Assumpsit to recover back the sum of $200, paid by the plaintiff to the defendant, for one share in the Mt. Vernon Land and Petroleum Company, together with the interest on the same. It appeared in evidence that' the plaintiff was born Oct. 31, 1845; that, on March 3, 1866, the defendant solicited and induced the plaintiff to purchase one share of the stock of the Mt. V. L. & P. Co., for the sum of $200; that he then paid the defendant $100 and took his receipt for the same, and, on the 18th day of the following April he, by the defendant’s direction, paid the other $100 to…
1Opinion of the Court
Barrows,!.
— If the receipts which the defendant and his agent gave for the money, which the plaintiff seeks to recover in this action, could be considered as certificates of petroleum stock, the action could not be maintained; for, assuredly, if an infant has received anything which may have an intrinsic or a market value, by virtue of the contract which he claims to rescind, he must return it if it is in existence and within his control, after he becomes of age, before he can be permitted to reclaim the money paid for it. It is unnecessary in this case to define more carefully or precisely…
2Cases cited3 opinions
- Harney v. OwenIndiana Supreme Court · 1837
- Whitmarsh v. HallNew York Supreme Court · 1846
- Peters v. LordSupreme Court of Connecticut · 1847
3Cited by10 opinions
- Johnson v. NewberryTexas Supreme Court · 1924
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
- Leonard v. Tulsa Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1938
- Scott v. . BryanSupreme Court of North Carolina · 1875
- Gannon v. ManningDistrict of Columbia Court of Appeals · 1914
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