Bartholomew v. Finnemore
New York Supreme Court
This was an action brought before a justice of the peace, to recover the value of a wagon, a promissory note for $30, and a bank note for $5 ; which the plaintiff alleged were his property, and that the defendant had converted them to his own use. On the trial in December, 1852, it appeared that the plaintiff was 20 years of age. That in March of that year, his father “ gave him his time,” and he went into the blacksmith’s business.
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This was an action brought before a justice of the peace, to recover the value of a wagon, a promissory note for $30, and a bank note for $5 ; which the plaintiff alleged were his property, and that the defendant had converted them to his own use. On the trial in December, 1852, it appeared that the plaintiff was 20 years of age. That in March of that year, his father “ gave him his time,” and he went into the blacksmith’s business. In October, 1852, he bought a horse of the defendant, and paid him, therefor, a wagon, a note for $30, payable to the father of the plaintiff, and signed by C.…
1Opinion of the Court
By the Court, Hand, P. J.
It is quite evident that the trade between the parties was made with the knowledge of the father of the plaintiff, and with his consent. He knew of it, was present, and indorsed the note- which was part of the consideration given for the horse; and furnished some money, which was probably paid by the plaintiff on that occasion. If so, as he was the natural guardian of the plaintiff, I am inclined to think it disposes of an objection suggested by Jones, chancellor, in Safford v. Roof, (9 Cowen, 626,) that an infant can make no "contract during his wardship. Indeed, I…
2Cases cited7 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Bradley v. BosleyNew York Court of Chancery · 1845
- Fonda v. Van HorneNew York Supreme Court · 1836
- Roof v. StaffordNew York Supreme Court · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Gray v. LessingtonThe Superior Court of New York City · 1857
- Luce v. JestrabNorth Dakota Supreme Court · 1903
- Wheeler & Wilson Manufacturing Co. v. JacobsNew York Court of Common Pleas · 1893
- Rice v. ButlerAppellate Division of the Supreme Court of the State of New York · 1898
5 more not listed; retrieve them via the Exa API.