Taylor v. Purcell
Supreme Court of Arkansas
Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The appellants, Taylor, Duffin & Co., brought suit against appellee, James Purcell, on a promissory note, for $433.44. The defendant, among other defenses, undertook to show that the note was procured from him while he was intoxicated, and that it was without consideration.
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Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The appellants, Taylor, Duffin & Co., brought suit against appellee, James Purcell, on a promissory note, for $433.44. The defendant, among other defenses, undertook to show that the note was procured from him while he was intoxicated, and that it was without consideration. Among other instructions given by the court was the following : “The court instructs the jury that if they believe from the evidence that, at the time the defendant executed the note sued on, he was so much under the influence of drink…
1Opinion of the Court
Riddick, J.,
tioñasdefeifse to smt on note, (after stating the facts). The instruct-on gjveü the COurt in reference to the effect of the intoxication of defendant was not a correct statement of the law. It told the jury that the note sued on was void if defendant was induced to sign it while so much under the influence of intoxicating drink that his reason, memory and judgment were impaired.
It is probable that even a slight degree of intoxication to some extent temporarily impairs the mental faculties, but it does not follow that all contracts made while one is thus slightly intoxicated are…
2Cases cited4 opinions
- Bates v. BallIllinois Supreme Court · 1874
- Johns v. FritcheyCourt of Appeals of Maryland · 1874
- Catlin v. HorneSupreme Court of Arkansas · 1879
- Archer v. National InsuranceCourt of Appeals of Kentucky · 1867
3Cited by5 opinions
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- Cook v. Bagnell Timber Co.Supreme Court of Arkansas · 1906
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