Edgerly v. Shaw
Superior Court of New Hampshire
Assumpsit upon a promissory note, made by the defendant while an infant, payable to John Barker, or order, and by him indorsed to the plaintiff, without recourse. The declaration follows the usual form of declaring upon indorsed notes. The plaintiff called Barker to prove a new promise after the defendant became twenty-one years of age. To this the defendant objected, but the objection was overruled. The objection was that the witness was interésted.
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Assumpsit upon a promissory note, made by the defendant while an infant, payable to John Barker, or order, and by him indorsed to the plaintiff, without recourse. The declaration follows the usual form of declaring upon indorsed notes. The plaintiff called Barker to prove a new promise after the defendant became twenty-one years of age. To this the defendant objected, but the objection was overruled. The objection was that the witness was interésted. He testified that while he held and owned the note, he told the defendant, who is a joiner, that he was about having some work done, and he…
1Opinion of the CourtGilchrist, C. J.
The executory contract of an infant may be ratified or confirmed by an express promise, or by such acts as evince an intention to be bound by it. Hoit v. Underhill, 9 N. H. Rep. 436; Aldrich v. Grimes, 10 N. H. Rep. 194. But a mere acknowledgment is not enough. Hale v. Gerrish, 8 N. H. Rep. 376; Millard v. Hewlett, 19 Wend. 301; Thompson v. Lay, 4 Pick. 48. The case of a promissory note rests on the same ground as other executory contracts. It is not void, because it may be confirmed; but it is invalid, that is, without binding force, until it is confirmed. Merriam v. Wilkins, 6 N. H. Rep.…
2Cases cited9 opinions
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Everson v. CarpenterNew York Supreme Court · 1837
- Millard v. HewlettNew York Supreme Court · 1838
- Merriam v. WilkinsSuperior Court of New Hampshire · 1833
- Cowles v. HartsSupreme Court of Connecticut · 1821
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