Shaw v. Coffin
Supreme Judicial Court of Maine
On report. Assumpsit to recover the amount of a note for $450, and an order for $50, given by the defendant to the plaintiff's intestate on Dec. 80, 1847. The writ was dated March 28, 1864, and contained counts on the note and order, and one for money had and received.
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On report. Assumpsit to recover the amount of a note for $450, and an order for $50, given by the defendant to the plaintiff's intestate on Dec. 80, 1847. The writ was dated March 28, 1864, and contained counts on the note and order, and one for money had and received. The defendant pleaded the general issue, which was joined, and by brief statement alleged that the defendant was an infant when the note and order were given; and that they were given under duress, and without consideration. It appeared that the defendant, and a minor son of Elijah Wood, jr., the plaintiff’s intestate, on the…
1Opinion of the CourtAppleton, C. J.
The defendant, while a minor, having stolen money and other property of the intestate, which he converted into money, settled with him for the sums thus tortiously obtained, by giving his promissory note therefor.
This action is for the moneys stolen, and for the note given on settlement of the same.
The note given by the defendant, when a minor, has not been ratified. The note of an infant, given on the adjustment of an account against him, is voidable. It is equally voidable, though given on a settlement for damages arising from his torts. The defendant, having avoided his note by the plea of…
2Cases cited1 opinion
- Elwell v. MartinSupreme Court of Vermont · 1859
3Cited by4 opinions
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Boshaw v. J. J. Newberry Co.Michigan Supreme Court · 1932
- Patterson v. KasperMichigan Supreme Court · 1914
- Piedmont Grocery Co. v. HawkinsWest Virginia Supreme Court · 1919