Wright v. Wright
Massachusetts Supreme Judicial Court
Contract by an insane person, by her guardian, to recover the proceeds of a promissory note and a mortgage, indorsed and assigned by her on December 15, 1881, when she was alleged to be insane.
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Contract by an insane person, by her guardian, to recover the proceeds of a promissory note and a mortgage, indorsed and assigned by her on December 15, 1881, when she was alleged to be insane. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: It was admitted or proved that, before the date of the writ in this action, the defendant had been paid the principal and interest of the note by the maker, and that due demand had been made on him therefor. The plaintiff introduced a number of witnesses, who testified as to the appearance,…
1Opinion of the CourtHolmes, J.
1. We cannot say that the judge who tried the cause exercised the discretion confided to him erroneously, in excluding evidence of the mental condition of the plaintiff eight months and more after the assignment, and after she had been confined in a lunatic hospital. Commonwealth v. Pomeroy, 117 Mass. 143, 148. White v. Graves, 107 Mass. 325, 327.
2. The plaintiff’s first request for a ruling was misleading in form, and might well have been understood to mean that the plaintiff could get rid of the burden of proving insanity at the moment of the assignment, by proving it at some earlier time.…
2Cases cited7 opinions
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Whitney v. TwomblyMassachusetts Supreme Judicial Court · 1883
- Howe v. HoweMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. PomeroyMassachusetts Supreme Judicial Court · 1875
- White v. GravesMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. SheppardMassachusetts Supreme Judicial Court · 1943
- Lane v. CanduraMassachusetts Appeals Court · 1978
- Cooney v. Commonwealth Avenue Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Sparrow v. DemonicoMassachusetts Supreme Judicial Court · 2012
- Buck v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
8 more not listed; retrieve them via the Exa API.