Myer v. Tighe

• Decision Date: 02 April 1890
• Citation: 24 N.E. 49,151 Mass. 354
• Parties: MYER et al. v. TIGHE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

151 Mass. 354

24 N.E. 49

MYER et al. v. TIGHE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1890

COUNSEL

J.H. Appleton, for plaintiffs.

J.W O'Brien, for defendant.

OPINION

KNOWLTON J.

The defendant seeks to avoid liability on the ground that he was put under guardianship, as a spendthrift, before the delivery of the goods, the price of which this action is brought to recover. The parties had entered into a binding contract before the commencement of the proceedings for the appointment of a guardian, and each of them had a right to have the contract performed according to its terms. Under Pub.St. c. 139, §§ 8, 9, the appointment of the guardian affected only such contracts as were made by the defendant after the filing of the complaint and order in the registry of deeds. The plaintiffs delivered the whisky in accordance with their contract; and the defendant received it at his place of business, and neither he nor his guardian ever offered to return it. The plaintiffs are therefore entitled to recover the contract price. Even if the defendant had refused to accept it, the property would have passed on delivery under the contract, and the plaintiffs would have...