In re Beckwith
New York Supreme Court
APPEAL by the committee of Richard Beckwith, a lunatic, from an order at the special term confirming the report of a referee. In 1843, said Richard Beckwith became insane, and was sent to the asylum at Utica for treatment. He remained there between one and two years, at the end of which time he was permitted to return to his home in Jefferson county, his mind having improved, but he not being cured.
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APPEAL by the committee of Richard Beckwith, a lunatic, from an order at the special term confirming the report of a referee. In 1843, said Richard Beckwith became insane, and was sent to the asylum at Utica for treatment. He remained there between one and two years, at the end of which time he was permitted to return to his home in Jefferson county, his mind having improved, but he not being cured. Becoming worse again, he was returned to the asylum, and was again permitted to return home, improved in health but not cured. This was repeated several times. At last, in 1854, he was taken to…
1Opinion of the CourtMullin, P. J.
A contract with a person not known to be of unsound mind and who has not been found, upon a commission de lunático inquirendo, to be insane, may be sustained, if it shall be ploved to have been fairly made and without advantage being taken of the lunatic. 2 Kent’s Com. 451, and note 1. But neither money advanced nor compensation for services can be recovered against a lunatic if the circumstances were such as to put the party upon inquiry as to his mental condition by the reasonable pursuit of which his unsoundness of mind might have been discovered. 2 Kent’s Com. 451, note; Lincoln v.…
2Cases cited8 opinions
- In re TracyNew York Court of Chancery · 1829
- Lincoln v. BuckmasterSupreme Court of Vermont · 1860
- Fitzhugh v. WilcoxNew York Supreme Court · 1851
- Wadsworth v. ShermanNew York Supreme Court · 1851
- In re ConklinNew York Court of Chancery · 1840
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