Robertson v. Lain
New York Supreme Court
This suit was commenced by the service of a declaration on the defendant. On the first day of January last the plaintiff declared on two promissory notes made by the defendant in July, 1838. On a commission out of chancery it was found by inquisition on the 14th September last, that the defendant was incapable of conducting his own affairs in consequence of habitual drunkenness, and that he had been so incapable since the first day of June last.
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This suit was commenced by the service of a declaration on the defendant. On the first day of January last the plaintiff declared on two promissory notes made by the defendant in July, 1838. On a commission out of chancery it was found by inquisition on the 14th September last, that the defendant was incapable of conducting his own affairs in consequence of habitual drunkenness, and that he had been so incapable since the first day of June last. On the 19th December last a committee was appointed to take the care and custody of the drunkard and his estate. On behalf of the defendant and his…
1Opinion of the Court
By the Court,
Bronson, J.
The care and custody of persons incapable of conducting their own affairs in consequence of habitual drunkenness, as well as of idiots, lunatics and persons of unsound mind, belong to the chancellor. 2 R. S. 52, § I- If the plaintiff recovers in this action he will not be allowed to touch either the person or the estate of the defendant, but will be obliged to apply to the committee or the court of chancery for the payment of his debt. It is probable that he will then be required to establish the justice of his demand without any reference to the liquidation in this…
2Cases cited1 opinion
- In re HellerNew York Court of Chancery · 1831
3Cited by11 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- King v. RobinsonSupreme Judicial Court of Maine · 1851
- Clarke v. DunhamNew York Supreme Court · 1847
- Denni v. ElliottTexas Supreme Court · 1883
- Ex parte NorthingtonSupreme Court of Alabama · 1861
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