Halley v. Troester
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. argued that an insane person’s contracts prior to office found are, like those of an infant, not void but voidable, and before he can recover, he must place the other party in statu quo, citing 2 Kent Com., (10 Ed.) pp. 606, 607; Jackson v. Gumaer, 2 Cow. 568; 28 Am. Rep. 610 ; Loomis v. Spencer, 2 Paige 153 ; Canfield v. Fairbanks, 63 Barb. 461; Lancaster Co. Bank v. Moore, 78 Pa.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. argued that an insane person’s contracts prior to office found are, like those of an infant, not void but voidable, and before he can recover, he must place the other party in statu quo, citing 2 Kent Com., (10 Ed.) pp. 606, 607; Jackson v. Gumaer, 2 Cow. 568; 28 Am. Rep. 610 ; Loomis v. Spencer, 2 Paige 153 ; Canfield v. Fairbanks, 63 Barb. 461; Lancaster Co. Bank v. Moore, 78 Pa. St. 407; Wilder v. Weakley, 34 Ind. 181; Matthiessen v. McMahon, 38 N. J. L. 536; Behrens v. McKenzie, 23 Iowa 333; Rusk v. Fenton, 14 Bush 490. It…
1Opinion of the CourtNorton, J.
This is an action of replevin commenced before a justice of the peace to recover the possession of *75a horse, on the trial of which plaintiff obtained judgment, and on appeal to the circuit court of Macon county judgment was again rendered for plaintiff, from which defendant has appealed to this court. It appears from the evidence that on the 1st day of February, 1876, plaintiff, Halley, exchanged horses with defendant, and on the same day exchanged the mare he got of defendant to one Brown for an old and worthless pony. In a short time thereafter R. F. Poison, the present guardian of…
2Cited by6 opinions
- Reando v. MisplaySupreme Court of Missouri · 1886
- Casson v. SchoenfeldWisconsin Supreme Court · 1918
- Heard v. SackSupreme Court of Missouri · 1884
- Thrash v. StarbuckIndiana Supreme Court · 1896
- State Ex Rel. United Mutual Insurance v. ShainSupreme Court of Missouri · 1942
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