Lancaster County National Bank v. Moore
Supreme Court of Pennsylvania
Error' to the Court of Common Pleas of Lancaster county: No. 26, to May Term 1875. This was an action of assumpsit, commenced April 15th 1872, by the Lancaster County National Bank, against George PI. Moore. The cause of action was a note, dated December 30th 1871, drawn by defendant in favor of Benjamin M. Stauffer, payable at ‘the Manheim National Bank, for $225 ; endorsed by Stauffer and protested. The defence was that the defendant was non compos mentis.
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Error' to the Court of Common Pleas of Lancaster county: No. 26, to May Term 1875. This was an action of assumpsit, commenced April 15th 1872, by the Lancaster County National Bank, against George PI. Moore. The cause of action was a note, dated December 30th 1871, drawn by defendant in favor of Benjamin M. Stauffer, payable at ‘the Manheim National Bank, for $225 ; endorsed by Stauffer and protested. The defence was that the defendant was non compos mentis. The case was tried May 22d 1874, before Livingston, P. J. The plaintiff gave the note, &c., in evidence and rested. The defendant…
1Opinion of the CourtJustice Paxson
The law is well settled that persons who are not sui juris, and have no general capacity to contract debts, are nevertheless liable for their torts, and may bind themselves for necessaries. Such rule rests upon principles of sound public policy. To deny the latter branch of the proposition might in some instances deprive persons laboi'ing under such disabilities of the means of suhsist- . ence. In La Rue v. Gilkyson, 4 Barr 375, it was held that the executor of a lunatic was liable for necessaries furnished to his testator while non compos mentis, and before the appointment of a committee. In…
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- Youngwood Building & Loan Ass'n v. HenrySuperior Court of Pennsylvania · 1939
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