Anderson v. Soward
Ohio Supreme Court
Error to the District Court of Greene county. The plaintiff in error filed his petition in the common pleas and alleged: That said defendant executed and delivered to him on the 12th day of February, 1868, his certain promissory note of that date, a copy whereof with all endorsements thereon is hereto attached and made part of this petition, and thereby promised to pay to the order of said plaintiff the sum of thirty dollars within one day from and after said date.
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Error to the District Court of Greene county. The plaintiff in error filed his petition in the common pleas and alleged: That said defendant executed and delivered to him on the 12th day of February, 1868, his certain promissory note of that date, a copy whereof with all endorsements thereon is hereto attached and made part of this petition, and thereby promised to pay to the order of said plaintiff the sum of thirty dollars within one day from and after said date. Said note is long past due and no part thereof has been paid, except the sum of ten dollars on the 17th day of June, A. D. 1868,…
1Opinion of the CourtMcCauley, J.
The contracts of an infant generally are not void, but only voidable. Harner v. Dipple, 31 Ohio St., 72; Owen v. Long, 112 Mass., 403; Fetrow v. Wiseman, 40 Ind., 148; Whitney v. Dutch, 14 Mass., 457. There is nothing in the case to show that the note set forth in the petition is such as should be held to be void. It is conceded that the contract is one that might be ratified by the minor after his majority, and that the part payment of the note and the promise alleged in the petition amount to a ratification, unless it was necessary that the defendant when he made the payment and promise,…
2Cases cited5 opinions
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Taft v. SergeantNew York Supreme Court · 1854
- Owen v. LongMassachusetts Supreme Judicial Court · 1873
- Koons v. PriceIndiana Supreme Court · 1872