Inhabitants of Atkinson v. Inhabitants of Medford
Supreme Judicial Court of Maine
Exceptions from the ruling of Cutting, J. This was an action of Assumpsit for supplies furnished to Adeline Tewksbury, whose legal settlement is alleged to be in the defendant town. If the said Adeline was the lawful wife of Lorenzo D. Tewksbury, the defendants admitted their liability. They contended that, at the time of the marriage, the said Lorenzo was insane, and incapable of making a binding contract of marriage.
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Exceptions from the ruling of Cutting, J. This was an action of Assumpsit for supplies furnished to Adeline Tewksbury, whose legal settlement is alleged to be in the defendant town. If the said Adeline was the lawful wife of Lorenzo D. Tewksbury, the defendants admitted their liability. They contended that, at the time of the marriage, the said Lorenzo was insane, and incapable of making a binding contract of marriage. The presiding Judge instructed the jury, that the same degree of mind sufficient to enable him to enter into a valid contract, or make a valid deed or will, would be sufficient…
1Opinion of the Court
The Court
held, that the instruction excepted to was sufficiently favorable for the defendants, and directed an entry of— Exceptions overruled.
2Cited by3 opinions
- In Re the Estate of GregorsonCalifornia Supreme Court · 1911
- Wiley v. WileyIndiana Court of Appeals · 1919
- Kutch v. KutchNebraska Supreme Court · 1910