Cummings v. Henry

This was an action by Cummings, on a note and account, against Henry.

Several answers were filed, upon which issues of fact were formed. Trial and judgment for defendant.

The questions in this Court, arise upon the instructions given and refused to the jury.

The note was given by defendant to the plaintiff for a part of the consideration money for a mare purchased by the defendant of the plaintiff. The account was upon the same consideration.

By the pleadings and evidence two questions are made: first, whether the defendant was capable of contracting at the time he made the purchase, and,…