Lucas v. Whiteley

REYNOLDS, Justice.

The estate of a mentally incompetent was adjudged liable on a promissory note to which the incompetent’s name was affixed pursuant to a power of attorney signed, so the jury found, during incompetency. The adjudication came after the jury further determined that plaintiff holders of the note gave valuable consideration, albeit not to the incompetent, for the note and dealt with the incompetent in good faith, without fraud or imposition, and without knowledge of his mental incapacity. Given the jury’s findings, we hold that the incompetent’s liability on the note was avoided.…