Loomis & Hayden v. Spencer & Rolph
New York Court of Chancery
The bill in this cause was filed in 1818, by Hayden, as the committee of Loomis who had been found a lunatic, to set aside a judgment in favor of Spencer against Loomis and - J. 0. Rolph, entered upon a bond a warrant of attorney alleged to have been executed while Loomis was of unsound mind. The cause was heard before Chancellor Sanford, and he awarded an issue to try the question of lunacy.
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The bill in this cause was filed in 1818, by Hayden, as the committee of Loomis who had been found a lunatic, to set aside a judgment in favor of Spencer against Loomis and - J. 0. Rolph, entered upon a bond a warrant of attorney alleged to have been executed while Loomis was of unsound mind. The cause was heard before Chancellor Sanford, and he awarded an issue to try the question of lunacy. The issue was tried before Judge Betts, in 1825, and the jury found that Loomis was a lunatic at the time the bond and warrant of attorney were given, and at the time the debt was contracted which formed…
1Opinion of the Court
The Chncellor.
It is evident from the pleadings and proofs in this case, and from the finding of the jury, that at the time when the alleged partnership between Loomis and the Rolphs was formed and the goods purchased, and at the time the bond and warrant were given, Loomis was a lunatic, or person of unsound mind. It also appears equally certain that Spencer had no knowledge or suspicion of that fact. *158A judgment being entered on the bond and warrant, the complainants have no defence at law except by an application to the equitable powers of the court where the judgment was entered. They have…
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- Brown v. H. & E. T. BettsNew York Supreme Court · 1834
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