172 Mass. 462 | Mass. | 1899
This is an action to recover one thousand dollars for money had and received to the plaintiff’s use. At the trial, the plaintiff discontinued against the New Bedford Cotton Waste Corporation, and elected' to proceed against the Mount Pleasant Mills Corporation alone. The first mentioned corporation was organized under the general laws, and the plaintiff subscribed for ten shares of its capital stock of one hundred dollars each, and paid to the treasurer one thousand, dollars, the amount of his subscription. On account of difficulties and misunderstandings affecting its prospects, the officers and subscribers to the stock of this corporation voted to form a new corporation, to be called the Mount Pleasant Mills Corporation, with the same
At the time of all these transactions the plaintiff was under the age of twenty-one years. He had knowledge of all these agreements, and consented to them°so far as he was legally capable of consenting. He has tendered back to the Mount Pleasant Mills Corporation his certificate of stock, and has demanded one thousand dollars. The only ground on which he seeks to maintain his action is that his agreements were not binding upon him, and that as a minor he ought to be permitted to recover back the money that he paid.
His first difficulty is that the defendant made no contract