Wadsworth v. . Sharpsteen and Moffat
New York Court of Appeals
This action was originally brought by leave of the court of chancery against James N. Sherman, the defendants’ testator, then a habitual drunkard under the charge of a committee, as an endorser upon a bill of exchange. The bill was dated July 9, 1845, payable six months after date to the order of the drawer, and by him endorsed, and subsequently endorsed by Sherman.
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This action was originally brought by leave of the court of chancery against James N. Sherman, the defendants’ testator, then a habitual drunkard under the charge of a committee, as an endorser upon a bill of exchange. The bill was dated July 9, 1845, payable six months after date to the order of the drawer, and by him endorsed, and subsequently endorsed by Sherman. On the 18th day of December, 1845, a petition was presented to the court of chancery, praying a commission in the nature of a writ de lunático inquirendo, to inquire into the habitual drunkenness of Sherman. The commission was…
1Opinion of the Court
Ruggles, Ch. J.
When a man -has been found by inquisition duly taken in pursuance of the statute to be incapable of conducting his own affairs in consequence of habitual drunkenness, his property, real and personal, is taken out of his hands, and put into the custody and control of a committee. The object of this proceeding, as declared in the statute, (2 R. S. 52,) is to prevent the property being wasted and destroyed,- and to provide for the maintenance of himself and his family, and the education of his children. The committee is required to file an inventory of the property and to give…
2Cases cited3 opinions
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- In re ChristieNew York Court of Chancery · 1835
- In re GilesNew York Court of Chancery · 1844
3Cited by41 opinions
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Hughes v. . JonesNew York Court of Appeals · 1889
- Kellogg v. CochranCalifornia Supreme Court · 1890
- Harrison v. BishopIndiana Supreme Court · 1892
- In re the Will of Van HoutenSupreme Court of Iowa · 1910
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