Taft v. Sergeant
New York Supreme Court
Appeal from a judgment entered at special term, on the report of a referee. The action was brought to recover the amount due" on a promissory note made by the defendants, Robert Fulton, Townley Hopkins and William 0. Sergeant, dated Lyons, August 17, 1847, for $125, payable to the plaintiff or bearer, one year after date, with use, and payable in the village of Lyons.
Read the full summary
Appeal from a judgment entered at special term, on the report of a referee. The action was brought to recover the amount due" on a promissory note made by the defendants, Robert Fulton, Townley Hopkins and William 0. Sergeant, dated Lyons, August 17, 1847, for $125, payable to the plaintiff or bearer, one year after date, with use, and payable in the village of Lyons. The defendant Sergeant set up as a defense, in his answer, that at the time of the execution of the note he was an infant under the age of twenty-one years. The plaintiff, in his reply, among other things, stated that after the…
1Opinion of the Court
By the Court, Welles, J.
In Goodsell v. Myers, (3 Wend. 479,) it was held that a negotiable promissory note, made by an infant, was voidable only, and not void; and might be affirmed after he came of age. In Everson v. Carpenter, (17 Wend. 419,) the same doctrine was held, except that it did not appear in that case that the note was in its terms negotiable. Delano v. *322Blake, (11 Wend. 85,) was decided upon the same principle j which was also recognized in Bay v. Gunn, (1 Denio, 108.) The same rule prevails in Massachusetts. (Martin v. Mayo, 10 Mass. R. 137. Whitney v. Dutch, 14 Id. 457. Reed v.…
2Cases cited5 opinions
- Goodsell v. MyersNew York Supreme Court · 1830
- Everson v. CarpenterNew York Supreme Court · 1837
- Swasey v. Administrator of VanderheydenNew York Supreme Court · 1813
- Bay v. GunnCourt for the Trial of Impeachments and Correction of Errors · 1845
- Martin v. MayoMassachusetts Supreme Judicial Court · 1813
3Cited by11 opinions
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Henry v. . RootNew York Court of Appeals · 1865
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Edmunds v. MisterMississippi Supreme Court · 1881
- Clark v. VanCourtIndiana Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.