Dozier v. Schuermann

In the trial court plaintiff sought recovery on a promissory note. Among other defenses it was asserted that the defendant, at the time of execution of the note, had no mental capacity to contract.

Upon trial there was verdict and judgment for the plaintiff. From that judgment defendant prosecutes error, and contends that the trial court erred in giving to the jury instruction No. 6, reading as follows:

“You are instructed that under the laws of this state a person who is an idiot, a lunatic or an imbecile cannot avoid contract and destroy its liability merely because they were an idiot, a…