Hart v. Deamer
New York Supreme Court
In this case a judgment had been entered against the defendant in an action of debt on bond, and on application to the court, suggesting that the defendant, at the time of the execution of the bond, was a lunatic, an order was made staying the execution which had been issued, and that the defendant have leave to appear by his committee, and defend the suit upon the bond.
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In this case a judgment had been entered against the defendant in an action of debt on bond, and on application to the court, suggesting that the defendant, at the time of the execution of the bond, was a lunatic, an order was made staying the execution which had been issued, and that the defendant have leave to appear by his committee, and defend the suit upon the bond. An issue was accordingly framed which came on to trial before the Hon. Ogden Edwards, one of the circuit judges, at the New-York circuit, in December, 1829. On the trial of the cause, the plaintiff proved the execution of a…
1Opinion of the Court
By the Court,
Savage, Ch. J.
To sustain the defence, an inquest, taken upon a commission of lunacy, was offered in evidence and rejected; and secondly, witnesses were offered, who were conceded to be creditors of Deamer, who were also rejected. The questions are, therefore, as to the competency, 1st. of the inquisition, and 2d. of the creditors.
1. It is laid down by writers on the law of evidence, that such an inquisition is admissible evidence, though not conclusive. 1 Phil. Ev. 300, pt. 2, ch. 4, § 2. Starkie says. 1 vol. pt. 2, § 95: “ An inquisition of lunacy may be considered to be in the…
2Cases cited1 opinion
- Ten Eyck v. BillNew York Supreme Court · 1830
3Cited by23 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Slaughter v. HeathSupreme Court of Georgia · 1907
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Hughes v. . JonesNew York Court of Appeals · 1889
- Crippen v. CulverNew York Supreme Court · 1852
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