Booby v. McKenney
Supreme Judicial Court of Maine
Assumpsit against Joseph H. McKenney‘and Leander Staples, on a note dated March 13, 1835, given by them to Lydia Boody, then the wife of tho plaintiff. Staples was defaulted, but Mc’Kenney defended, pleading the general issue and infancy. The facts are stated in the opinion of the Court.
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Assumpsit against Joseph H. McKenney‘and Leander Staples, on a note dated March 13, 1835, given by them to Lydia Boody, then the wife of tho plaintiff. Staples was defaulted, but Mc’Kenney defended, pleading the general issue and infancy. The facts are stated in the opinion of the Court. The Court were authorized to draw such inferences from the facts as a jury might properly do. said that he did not contend, that it was competent to introduce parol evidence to change the terms of the note, but that the evidence offered was admissible to prove that the note was to be delivered up on the…
1Opinion of the Court
The opinion of die Court was drawn up by
Shf.flest J.
This suit is upon a promissory note for one hundred dollars made by the defendants on March 12, 1835, and payable to Lydia Boody, the wife of the plaintiff or her order, on demand. The defendants are a son and the husband of a daughter of Mrs. Boody by a former husband. Mrs. Boody has since deceased. The defendant, McKenney, was an infant, when the note was made, nearly twenty years of age. Mrs. Boody being the owner of a colt and certain cattle, sold them during the year 1834 to her son Henry McKenney, and received his notes in payment.…
2Cases cited3 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Goodsell v. MyersNew York Supreme Court · 1830
- Deason v. BoydCourt of Appeals of Kentucky · 1833
3Cited by19 opinions
- Davidson v. YoungIllinois Supreme Court · 1865
- Gillespie v. BaileyWest Virginia Supreme Court · 1877
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Coburn v. RaymondSupreme Court of Connecticut · 1904
- Lake v. PerryMississippi Supreme Court · 1909
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