Van Horn v. Hann
Supreme Court of New Jersey
This is an action originally brought in the Common Pleas of Warren, against the administrator of a lunatic. The claim Avas for board, lodging, &c., of the lunatic from June 9th, 1873, to October 22d, 1873. There Avas offered in evidence, on the trial, proceedings upon a commission of lunacy, the return to Avhich was a finding, dated October 14th, 1873, that said Sarah Search was a lunatic and had been such for three and a half months-previous to that date.
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This is an action originally brought in the Common Pleas of Warren, against the administrator of a lunatic. The claim Avas for board, lodging, &c., of the lunatic from June 9th, 1873, to October 22d, 1873. There Avas offered in evidence, on the trial, proceedings upon a commission of lunacy, the return to Avhich was a finding, dated October 14th, 1873, that said Sarah Search was a lunatic and had been such for three and a half months-previous to that date. It appeared also that upon the 10th of November following,, upon transmission of the proceedings to the Orphans’ Court of Warren county, a…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
There is no contention in this case that no right at all to recover, accrued to the party who furnished the food and lodging to the lunatic.
The claim seems to be for necessaries fairly furnished, and affords an exception to the general rule as to the inability of a lunatic to bind himself by contract. Baxter v. Earl of Portsmouth, 5 Barn. & Cress. 170; Ewell’s Lead. Cas. 635, note; Am. Law Reg., vol. Pl. (N. S.) 22, notes.
The ruling of the court touches the manner in which this ■claim may be secured.' The idea of the court below was, that for…
2Cases cited7 opinions
- Walker v. ClaySupreme Court of Alabama · 1852
- In re HellerNew York Court of Chancery · 1831
- Allison v. TaylorCourt of Appeals of Kentucky · 1838
- In re the Estate of ColvinHigh Court of Chancery of Maryland · 1851
- Faulkner v. M'ClureNew York Supreme Court · 1820
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3Cited by2 opinions
- Hillsdale Nat. Bank v. SansoneNew Jersey Superior Court Appellate Division · 1951
- Gay v. StengelNew Jersey Superior Court Appellate Division · 1960