Lincoln v. Buckmaster
Supreme Court of Vermont
Book account. The account presented by the plaintiff was for money lent the defendant and for the plaintiff’s services and expenses while in the employment of the defendant.
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Book account. The account presented by the plaintiff was for money lent the defendant and for the plaintiff’s services and expenses while in the employment of the defendant. The auditor reported the following facts : The defendant admitted that the plaintiff had lent and paid out the money and performed the services as charged in his account, but objected to the allowance of the same on the ground that at the times of lending the money and performing the services the defendant, from mental alienation, was incapable of making a binding contract, and wholly unfit for the transaction of…
1Opinion of the Court
Redeield, Ch. J.
The facts found by the auditor in this case, in his final summing up, are, that at the time of the sale of the horses by Huntoon to the defendant, he was, by reason of partial insanity and the loss of his usual and ordinary judgment as to the value of property, and particularly as to trade and speculation in horses, wholly unfit to do business and was incapable of making a binding contract in such kind of property, and that the plaintiff was so informed by the defendant’s family before the accruing of any part of his account, and that the defendant continued in the same state…
2Cases cited3 opinions
- Holden Taft & Co. v. PikeSupreme Court of Vermont · 1842
- Weed v. BeebeSupreme Court of Vermont · 1849
- Farr ex rel. Briggs v. SumnerSupreme Court of Vermont · 1840
3Cited by19 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- Fay v. BurdittIndiana Supreme Court · 1881
- Coburn v. RaymondSupreme Court of Connecticut · 1904
- Heard v. SackSupreme Court of Missouri · 1884
- Bank v. SneedTennessee Supreme Court · 1896
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