163 Mass. 362 | Mass. | 1895
This is an action to recover four hundred dollars, put into the defendant’s hands by the plaintiff through the Western Union Telegraph Company, under the following circumstances. One Hoes, an inhabitant of Chicago, committed an offence here and was arrested. It seems to have been for his interest to keep the matter private. He retained the defendant, who, on receipt of the above mentioned money, recognized as surety for him and obtained his release from arrest. After-wards a nolle prosequi was entered by reason of the insanity of Hoes. When arrested, Hoes telegraphed to the plaintiff, “ Telegraph at once four hundred dollars to Hon. Edward J. Jenkins, my attorney. . . . Am in trouble. Don’t fail.” The plaintiff thereupon sent the money.
It hardly needs to be said that this transaction made no contract between the plaintiff and the defendant. The plaintiff’s advance was to Hoes. When the money was received by Jenkins, it was received by Hoes as between them and the plaintiff, and if the defendant kept it, that was by some arrangement between him and Hoes with which the plaintiff had nothing to do.
But there was evidence that Hoes was insane at the time, and the plaintiff claims a right to recover on that ground. This
But the question is whether the plaintiff had the right supposed. In Holt v. Ward Clarencieux, Strange, 937, it was held, on great consideration, that a person of full age contracting with an infant was bound absolutely, although the infant had a right to avoid her contract. The decision was on demurrer to a plea of the plaintiff’s infancy, not alleging that the defendant was ignorant of the fact when he made the contract, but seems to have been made without regard to whether the defendant knew or not. This case is accepted without dispute as the law. Thompson v. Hamilton, 12 Pick. 425, 429. Warwick v. Bruce, 2 M. & S. 205. Bruce v. Warwick, 6 Taunt. 118. Monaghan v. Agricultural Ins. Co. 53 Mich. 238, 243. Hunt v. Peake, 5 Cowen, 475. Cannon v. Alsbury, 1 A. K. Marsh. 76. Johnson v. Rockwell, 12 Ind. 76, 81. Field v. Herrick, 101 Ill. 110. 2 Kent, Com. 78, 236. Leake, Con. (3d ed.) 476. The analogy between insane persons and infants is not perfect, but has prevailed in this matter. Allen v. Berryhill, 27 Iowa, 534. Harmon v. Harmon, 51 Fed. Rep. 113. Bish. Con. § 973. Clark, Con. 268. An insane person like Hoes, if he was insane, not a raving madman or an idiot, is capable of an act, even if his act be voidable. The promise of an insane man is not absolutely void. Carrier v. Sears, 4 Allen, 336, 337. Bullard v. Moor, 158 Mass. 418, 424. So that it cannot be argued that the contract was formally defective and void be