Goodsell v. Myers
New York Supreme Court
This was an action of assumpsit, tried, at the Oneida circuit in April, 1827, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff declared as the endorsee of two promissory notes made by the defendant for the sum of $40 each, dated 4th April, 1825, payable to Jacob Adams or order. The defendant pleaded the general issue and infancy.
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This was an action of assumpsit, tried, at the Oneida circuit in April, 1827, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff declared as the endorsee of two promissory notes made by the defendant for the sum of $40 each, dated 4th April, 1825, payable to Jacob Adams or order. The defendant pleaded the general issue and infancy. To the plea of infancy, the plaintiff replied that after the making of the promises, and before the commencement of this suit, to wit, on the 7th January, 1826, at, &c. the defendant assented to, ratified and confirmed the said several…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The note of an infant is voidable, not void, (1 Saund. on Pl. & Ev. 303,) and may be-ratified after he comes of age. In this case the defendant was an infant when the notes declared on were given, and the infancy is admitted by the pleadings. The evidence of a subsequent ratification'Was merely a loose conversation^ not *482with the payee or holder, or agent of the payee or holder of tjje note> but with a stranger, and in my opinion was wholly insufficient to charge the defendant. A ratification of an infant’s contract should be something mote than a mere admission to a…
2Cited by23 opinions
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- Fetrow v. WisemanIndiana Supreme Court · 1872
- Booby v. McKenneySupreme Judicial Court of Maine · 1844
- Hastings v. DollarhideCalifornia Supreme Court · 1864
- Slocum v. Hooker & CatlinNew York Supreme Court · 1852
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