Bradford v. French
Massachusetts Supreme Judicial Court
Replevin of goods by an infant, by his next friend, against a deputy sheriff. At the trial in the Superior Court, before Putnam, J., without a jury, it appeared that the goods replevied were the property of Lewis E. Bradford; that he mortgaged them to the plaintiff; that they were attached by the defendant on a writ against Lewis E. Bradford; and that the plaintiff made a demand for them on the defendant under the Gen. Sts. c. 128, §§ 62, 63. The defendant contended that the…
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Replevin of goods by an infant, by his next friend, against a deputy sheriff. At the trial in the Superior Court, before Putnam, J., without a jury, it appeared that the goods replevied were the property of Lewis E. Bradford; that he mortgaged them to the plaintiff; that they were attached by the defendant on a writ against Lewis E. Bradford; and that the plaintiff made a demand for them on the defendant under the Gen. Sts. c. 128, §§ 62, 63. The defendant contended that the demand was invalid because made by an infant, but the judge ruled that it was sufficient, and found for the plaintiff;…
1Opinion of the CourtGray, J.
It is not doubted that an infant may take a mortgage of personal property, and the single question presented by these exceptions is, whether he can make a demand, under the Gen. Sts. c. 123, §§ 62, 63, upon an officer attaching the property on a writ against the mortgagor.
The limits of the legal capacity of infants to act in their own behalf have been established by the law for their protection, not to defeat the enforcement of their rights. Contracts made and acts done by an infant, which are necessarily beneficial to him, are valid; and those which may or may not be beneficial to him may be…
2Cases cited6 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Morrell v. DickeyNew York Court of Chancery · 1814
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Baker v. LovetiMassachusetts Supreme Judicial Court · 1809
- Ditto v. GeogheganCourt of Appeals of Kentucky · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commissioner of Corporations & Taxation v. DaltonMassachusetts Supreme Judicial Court · 1939
- Zoulalian v. New England Sanatorium & Benevolent Ass'nMassachusetts Supreme Judicial Court · 1918
- Blumenthal v. BlumenthalMassachusetts Supreme Judicial Court · 1939
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
- Giles v. GilesMassachusetts Supreme Judicial Court · 1936
6 more not listed; retrieve them via the Exa API.