Supreme Judicial Court of Maine, 1871

Dinsmore v. Webber

Dinsmore v. Webber
Supreme Judicial Court of Maine · Decided July 1, 1871 · Appleton, Bamiows, Cutting, Danfouth, Kent, Tapley
59 Me. 103

Dinsmore v. Webber

Opinion of the Court

Appleton, C. J.

The bounty money paid upon a minor’s enlistment belongs to the person enlisting and not to his parent or master. The alleged contract between the plaintiff’s intestate and the defendant was voidable, and might haye been avoided by him during his life-time. Mears. v. Bickford, 55 Maine, 528; Kelley v. Sprowle, 97 Mass. 169; Banks v. Conant, 14 Allen, 497.

The plaintiff represents the intestate and has his right of rescission. Hardy v. Waters, 38 Maine, 450; Roberts v. Wiggin, 1 N. H. 74; Person v. Chase, 37 Vt. 647; Hussey v. Jewett, 9 Mass. 100.

As the infant could have rescinded the alleged contract, so can his executor or administrator. The default to stand.

Cutting, Kent, Bamiows, DaNfouth, and Tapley, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.