Baker v. Loveti
Massachusetts Supreme Judicial Court
This was an action of trespass for an assault and battery committed on the plaintiff (who, being an infant, sues by his next friend) by the defendant, also an infant, who defends by his guardian appointed by the Court. It appears from the record that the original writ was purchased as well against James Dennis as the defendant ; but Dennis, not being served with process, was, at the plaintiff’s motion, with leave of the Court, struck out of the writ.
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This was an action of trespass for an assault and battery committed on the plaintiff (who, being an infant, sues by his next friend) by the defendant, also an infant, who defends by his guardian appointed by the Court. It appears from the record that the original writ was purchased as well against James Dennis as the defendant ; but Dennis, not being served with process, was, at the plaintiff’s motion, with leave of the Court, struck out of the writ. The defendant pleads in bar, that the trespass charged was committed jointly by him and Dennis, and that pending the suit there had been an…
1Opinion of the CourtParsons, C. J.
Where one trespass has been committed by several persons jointly, the party injured may sue any, or all the trespassers ; but he can recover but one satisfaction for the same injury. As it is confessed by the pleadings in this case, that the trespass was committed jointly by Dennis and the defendant, and that Dennis has made full satisfaction, the plea in bar is sufficient, unless the plaintiff can by law avoid the accord made between him and Dennis.
This right in the plaintiff is insisted on by his counsel, on the general principle, that an infant may avoid all contracts made by him, with the…
2Cited by28 opinions
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- Millsaps v. . EstesSupreme Court of North Carolina · 1905
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- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
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