Moore v. Hershey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1879, No. 54. Assumpsit by John M. Hershey against George H. Moore on a promissory note made by Moore in favor of, and endorsed by David L. Witmyer, to plaintiff. The note was dated June 8th 1872, at forty days for $500. The defendant pleaded non-assumpsit: Notice was given by defendant’s counsel to plaintiff, that he would be required to prove the consideration paid by him for the note in suit.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1879, No. 54. Assumpsit by John M. Hershey against George H. Moore on a promissory note made by Moore in favor of, and endorsed by David L. Witmyer, to plaintiff. The note was dated June 8th 1872, at forty days for $500. The defendant pleaded non-assumpsit: Notice was given by defendant’s counsel to plaintiff, that he would be required to prove the consideration paid by him for the note in suit. The defence was that at the time the said note was given, Moore was a lunatic or non compos mentis, that proceedings had been…
1Opinion of the CourtJustice Paxson
The question how far a lunatic shall be held liable upon his contracts is not free from difficulty. A man may be mad without 'showing it. And he may show it and yet drive a thrifty bargain. A lunatic has been held liable for necessaries: La Rue v. Grilkyson, 4 Barr 375; Baxter v. Portsmouth, 2 C. & P. 178. In Beals v. See, 10 Barr 56, it was held that an executed contract for the purchase of goods could not be avoided by proof of insanity at the time of the purchase, unless the vendor had been guilty of fraud, or had knowledge of his mental condition. In Lancaster County National Bank against…
2Cited by6 opinions
- General Casmir Pulaski Building & Loan Ass'n v. Provident Trust Co.Supreme Court of Pennsylvania · 1940
- Youngwood Building & Loan Ass'n v. HenrySuperior Court of Pennsylvania · 1939
- Mulholland v. Sterling Motor Truck Co.Supreme Court of Pennsylvania · 1932
- United States v. KoenigDistrict Court, E.D. Pennsylvania · 1956
- Emig's EstateYork County Orphans' Court · 1939
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