Burnham v. Mitchell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. The plaintiff brought this action as administrator of the estate of William Poster, deceased, to recover $7,196 alleged to be due on a promissory note made by defendant May 8, 1854, for the sum of $4,982.90, payable to said William Poster or bearer, in certain installments falling due on the first of March in each of the years 1857,1858,1860 and 1863, with interest payable annually.
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APPEAL from tbe Circuit Court for Racine County. The plaintiff brought this action as administrator of the estate of William Poster, deceased, to recover $7,196 alleged to be due on a promissory note made by defendant May 8, 1854, for the sum of $4,982.90, payable to said William Poster or bearer, in certain installments falling due on the first of March in each of the years 1857,1858,1860 and 1863, with interest payable annually. The complaint avers that no part of the note has been paid except the sum of $1,500, and that there is now due thereon $1,700 which became due March 1, 1860, and…
1Opinion of the CourtCole, J.
We are unable to see any’substantial objections to allowing the plaintiff, as administrator of the estate of William Poster, to show in this action at law on the note, that said Poster, when he made the settlement of March 3,1858, was insane, and was therefore incompetent to transact business or *128manage his affairs. If he was insane or non compos at that time, then it is very obvious that he could, make no valid contract, and the settlement which he attempted to make would not be binding upon him or his administrator. It seems to us that it stands upon the same grounds as though that…
2Cases cited12 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Johnson v. CulverIndiana Supreme Court · 1888
- Davis v. DeanWisconsin Supreme Court · 1886
- Small v. ChampenyWisconsin Supreme Court · 1899
- Knoll v. StateWisconsin Supreme Court · 1882
- Will of SmithWisconsin Supreme Court · 1881
23 more not listed; retrieve them via the Exa API.