Eaton's Administrator v. Perry
Supreme Court of Missouri
Error to Washington Circuit Cowt. This was a garnishment proceeding upon an execution issued against William M. Perry upon a transcript of a judgment rendered by a justice of the peace. Sarah A. Perry, his mother, was summoned as garnishee. The plaintiff filed allegations and interrogatories.
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Error to Washington Circuit Cowt. This was a garnishment proceeding upon an execution issued against William M. Perry upon a transcript of a judgment rendered by a justice of the peace. Sarah A. Perry, his mother, was summoned as garnishee. The plaintiff filed allegations and interrogatories. In the allegations it is charged that Mrs. Perry purchased the interest of her son in the estate of his uncle John Perry, deceased, for §1,500, which was less than one-fourth its yalue ; that William M. Perry was drunk and incapable of managing his business; that he was largely indebted at the time of…
1Opinion of the CourtNapton, Judge
The second instruction given by the court in this case was, in. our judgment, erroneous.
Drunkenness does not render a deed .made under its influence absolutely void, but only voidable. A deed, made by a person when drunk to such an extent as would authorize him to repudiate it, may be ratified by the maker when sober so as to bind him and his personal representatives. (Taylor v. Patrick, 1 Bibb, 168; Arnold v. Hickman, 6 Munf. 15.) Judge Colcock remarks, in Williams v. Inabuck, 1 Bailey, 343, " Even if a man is so much intoxicated as not to know what he is doing, he may afterwards confirm the…
2Cases cited1 opinion
- Taylor v. PatrickCourt of Appeals of Kentucky · 1808
3Cited by3 opinions
- Van Horn v. PersingerMissouri Court of Appeals · 1919
- Marion Distilling Co. v. EllisMissouri Court of Appeals · 1895
- Soden v. First Nat. BankDistrict Court, W.D. Missouri · 1948