Van Meter v. Zumwalt
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Charles F. Reddocb, Judge. Action to rescind the transfer of certain stock. Judgment for plaintiff. To entitle one to relief in equity • on the ground of intoxication, such intoxication must be so deep and excessive as to deprive one of his understanding. (2 Pom.
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APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Charles F. Reddocb, Judge. Action to rescind the transfer of certain stock. Judgment for plaintiff. To entitle one to relief in equity • on the ground of intoxication, such intoxication must be so deep and excessive as to deprive one of his understanding. (2 Pom. Eq., sec. 949; 14 Cye. 1103.) To constitute duress, the restraint, intimidation or compulsion must have been so great as to take away the voluntary act and consent of the person. (Wilbur v. Blanchard, 22 Ida. 529, 126 Pac. 1069; Iowa Savings Bank v.…
1Opinion of the CourtBudge, J.
This action was brought by respondent to recover 20,000 shares of the capital stock of the Fern Quick Silver Mining Company.
In the complaint it is alleged that respondent transferred 25,000 shares of said stock to appellant, Mary A. Zumwalt, on October 25, 1918, 5,000 shares of which were transferred by her to one Drake prior to the commencement of this action; that on and prior to said date respondent was indulging in the use of intoxicants, which rendered him apprehensive and incapable of transacting business with ordinary safety and precaution, and that appellants, knowing such condition,…
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- Beebe v. SwartwoutIllinois Supreme Court · 1846
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