Hale v. Gerrish
Superior Court of New Hampshire
Assumpsit upon an account annexed to the plaintiff ⅛ writ. Plea' — infancy. Replication, that the defendant, after he became of full age, assented to, ratified and confirmed the several promises mentioned in the declaration, with a traverse and issue on this fact.
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Assumpsit upon an account annexed to the plaintiff ⅛ writ. Plea' — infancy. Replication, that the defendant, after he became of full age, assented to, ratified and confirmed the several promises mentioned in the declaration, with a traverse and issue on this fact. The case was submitted to the court oil the evidence contained in the depositions of Enoch H, N utter and John Brewster ; and it was agreed that if the said depositions furnished evidence competent to be submitted to a jury, and sufficient in law to justify them in returning a verdict for the plaintiff, judgment was to be rendered…
1Opinion of the Court
Upháh, J.
It has been settled, in the case of Merriam vs. Wilkins, 6 N. H. Rep. 432, that where infancy is pleaded, a new promise, made after tile commencement of a suit, is not sufficient to sustain a pending action.
There must be a subsisting right of action at the time of suing out the plaintiff’s writ, which right of action no subsequent promise can give. The testimony, therefore, of Enoch H. Nutter is insufficient to show anew promise that can avail the plaintiff in this suite The declarations to Nutter were all subsequent to the commencement of this action and to the arrest of the…
2Cases cited4 opinions
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Goodsell v. MyersNew York Supreme Court · 1830
- Smith v. MayoMassachusetts Supreme Judicial Court · 1812
- Merriam v. WilkinsSuperior Court of New Hampshire · 1833
3Cited by4 opinions
- Aldrich v. GrimesSuperior Court of New Hampshire · 1839
- Robbins v. EatonSuperior Court of New Hampshire · 1840
- Tibbets v. GerrishSuperior Court of New Hampshire · 1852
- Edgerly v. ShawSuperior Court of New Hampshire · 1852