Welch v. Welch
Massachusetts Supreme Judicial Court
Conteact for money had and received by the defendant to the plaintiff’s use. Writ dated December 6,1867. At the trial in the superior court, before Rockwell, J., it was agreed by the parties, (who were brothers,) that the plaintiff, in August 1852, being then under full age, enlisted into the military service of the United States, and the United States paid to the mayor of Lowell, on account of the enlistment, $95; that the mayor, by direction of the plaintiff, paid this…
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Conteact for money had and received by the defendant to the plaintiff’s use. Writ dated December 6,1867. At the trial in the superior court, before Rockwell, J., it was agreed by the parties, (who were brothers,) that the plaintiff, in August 1852, being then under full age, enlisted into the military service of the United States, and the United States paid to the mayor of Lowell, on account of the enlistment, $95; that the mayor, by direction of the plaintiff, paid this money over to the defendant during that month; and that the father of the parties was living at the time in Lowell. The…
1Opinion of the CourtColt, J.
The evidence offered by the defendant was rejected by the court on the ground that it only proved an agreemen which the plaintiff might avoid by bringing his action to recover the money on reaching his majority.
It has been held that the indorsement by an infant payee of a note cannot be set aside by him as void, so as to give him a right to recover of the maker, who has paid the indorsee before *563notice that the order of payment is countermanded; and for the reason that the transaction has become executed in favor of his appointee, and cannot be opened without reinstating the maker. “ It would…
2Cases cited1 opinion
- Taylor v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
- J. G. Pierce Co. v. WallaceMassachusetts Supreme Judicial Court · 1925
- White v. New Bedford Cotton Waste Corp.Massachusetts Supreme Judicial Court · 1901
- Benson v. TuckerMassachusetts Supreme Judicial Court · 1912
- Dubé v. BeaudryMassachusetts Supreme Judicial Court · 1890
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