4 Conn. 203 | Conn. | 1822
This case presents the enquiry, whether the defendant was non compos mentis at the execution of the note in question; and to establish this fact, the defendant was permitted to show certain acts evincive of a continued and uninterrupted lunacy, from a period commencing before the note was given, and terminating some time after. In the investigation of a point, which often is of great difficulty, it is frequently indispensible, to go into a history of the supposed lunatic’s mind, both before, at, and after his contract, in order to ascertain his real condition, at the moment of entering into an agreement. Such tessimony is, undoubtedly, admissible; and such has been the invariable practice. Dickinson v. Barber, 9 Mass. Rep. 225.
The county court rejected the mere opinions of the witnesses, relative to the defendant’s insanity, but admitted them
That the defendant received money for his indemnity, from the note in question, at a time when, confessedly, he was of sound mind, was a fact, which should have been received in evidence. This, it is true, would not ratify or confirm a contract originally void; but it had a tendency to prove the recognition of it, and that the defendant was of sound mind when he made the note. If it conduced, in the smallest degree, to prove the sanity of the defendant, it should have been received, and left to the jury, who are the legal judges of the weight of testimony. Gibson & Johnson v. Hunter, 2 H. Bla. 205. 288. Gardner v. Preston, 2 Day, 205.; and that it did thus conduce, I entertain no doubt. On this sole ground, the judgment of the county court was manifestly erroneous.
Judgment to be reversed.