Wallis v. President & Directors of Manhattan Co.
The Superior Court of New York City
This was an action of assumpsit, brought in the name of the plaintiff, to recover of the defendants a balance of 11,259 dollars, due from them, for deposites made in their bank by the plaintiff, and for collections made by them on his account.
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This was an action of assumpsit, brought in the name of the plaintiff, to recover of the defendants a balance of 11,259 dollars, due from them, for deposites made in their bank by the plaintiff, and for collections made by them on his account. At the trial of the cause, it appeared that the plaintiff,' at the time the action was commenced, was a lunatic, and in the asylum near New-York; that he was subject to fits of lunacy, but had, during a lucid interval, in the month of December, 1827, and while capable of understanding his own concerns, given a general power of attorney to his brother,…
1Per curiam
Although the authority of an agent may be revoked by the lunacy of' his principal, yet the existence of the lunacy, before it can. have that effect, must be established by inquisition. There would be no safety in admitting any 'other evidence of a fact, which is to have an operation so extensive; and sound policy requires us to adopt this rule. It is conceded by the counsel for the defendants, that the mere existence of lunacy, cannot per se, operate as a revocation of the power, because the disease being often of a temporary character, may exist, and yet be removed within any given period of…
2Cited by4 opinions
- Merritt v. MerrittAppellate Division of the Supreme Court of the State of New York · 1898
- Estate of Dierks v. CommissionerUnited States Tax Court · 1963
- Hirsch v. TrainerNew York Supreme Court · 1877
- Estate of Dierks v. CommissionerUnited States Tax Court · 1963