Spoonheim v. Spoonheim
North Dakota Supreme Court
Appeal from District 'Court, Steele county; Pollock, J. Action by P. P. Spoonheim and Anna Spoonheim against Halvor P. Spoonheim. Judgment for plaintiffs, and1 defendant appeals. Intoxication so deep and excessive as to deprive one of his understanding is a good defense to. an alleged1 contract made while the defendant is in -that condition. 14 Cyc. 1103; 17 Am. & Eng. Enc. Law, 401; Story Eq.
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Appeal from District 'Court, Steele county; Pollock, J. Action by P. P. Spoonheim and Anna Spoonheim against Halvor P. Spoonheim. Judgment for plaintiffs, and1 defendant appeals. Intoxication so deep and excessive as to deprive one of his understanding is a good defense to. an alleged1 contract made while the defendant is in -that condition. 14 Cyc. 1103; 17 Am. & Eng. Enc. Law, 401; Story Eq. Jur., section 231; Wilcox v. Jackson, 1 N. W. 513; Caulkins v. Fry, 35 Conn. 170; Wright v. Fisher, 32 N. W. 605; Van Wyck v. Brashear, 81 N. Y. 260; Peck v. Cary, 27 N. Y. 9; 28 Am. & Eng. Enc. Law (2d…
1Opinion of the Court
Morgan, C J-
Plaintiff brought this action to- set aside a deed of real property executed and -delivered by -him to the defendant, his brother, -on December 26, 1889. The complaint alleges that the plaintiff was at said time in such mental -and physical condition through the excessive drinking of intoxicating liquors that he was *383in danger of .sudden 'death, and that it was agreed between him and the defendant, at defendant’s/solicitation, that plaintiff 'should convey -the land to the defendant, and that the defendant agreed to convey the same to plaintiff’s wife; that plaintiff thereupon…
2Cases cited9 opinions
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- Rowe v. HortonTexas Supreme Court · 1885
- Hammond v. WallaceCalifornia Supreme Court · 1890
- Johnson v. Dakota Fire & Marine InsuranceNorth Dakota Supreme Court · 1890
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