Hussey v. Jewett
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note made by James Jewett, Jun., the defendant’s testator. The defendant pleads in bar that the testator was an infant at the time when he made the note. The plaintiffs demur, and the defendant joins in demurrer.
1Per curiam
The promissory note of an infant is by one who *96is under a legal disability to contract, with the single exception of a supply for necessaries; and, in that case, he is not concluded by a stipulation respecting prices; which seems to be the reason that a special promise and a bond in a penalty, even for necessaries, are alike void. And a void promise is not to be enforced against the. executor of a supposed party, any more than against the party himself. The evidence is annulled by the principle of law, that an infant is incapable of establishing such a contract against himself while under…
2Cases cited1 opinion
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
3Cited by8 opinions
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
- Person v. ChaseSupreme Court of Vermont · 1865
- Ford v. PhillipsMassachusetts Supreme Judicial Court · 1822
- Dinsmore v. WebberSupreme Judicial Court of Maine · 1871
- Krise v. Lycoming Trust Co., Pennsylvania Court of Common Pleas, Lycoming County1928
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