Weaver v. Carothers

ANDERSON, Chief Justice.

The only question involved upon this appeal is whether or not the appellees have shown such mental incapacity upon the part of William Carothers as would invalidate the indebtedness claimed by the complainants. We concede the soundness of the rule as laid down in the cases cited in brief of appellants’ counsel that, to avoid a contract on the ground of insanity, it must be satisfactorily shown that the party was incapable of trans acting the particular business in question. It is not enough to show that he-was the subject of delusions not affecting the subject-matter…