Legal Opinion

Hicks v. Marshall

New York Supreme Court

Decided September 15, 1876Published

Motion for a new trial upon exceptions ordered to be heard in the first instance at the General Term, after a verdict in favor of the plaintiffs. The action was brought upon a promissory note executed by Marshall to one Hunt, and by him indorsed to plaintiff.

1Opinion of the Court

Boakdhan, J.:

This action was originally brought against Marshall upon his promissory note for $250. Marshall put' in an answer. Sometime afterward, by proceedings duly had, Marshall was declared to be a person “ of unsound mind, and for that cause is incapable of the government of himself or the management of his affairs * * * and that he has been in that same state for one year and a-half past; that he has, during the last seven years, on several occasions, been afflicted with mental alienation.” The inquisition is dated March 2, 1874, and the note sued upon is dated June 18, 1873. Boyer was…

2Cases cited4 opinions

  1. Van Deusen v. . SweetNew York Court of Appeals · 1873
  2. Hart v. DeamerNew York Supreme Court · 1831
  3. Hoyt Committee of Wolcott v. AdeeNew York Supreme Court · 1870
  4. Griswold v. MillerNew York Supreme Court · 1851

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