35 N.C. 106 | N.C. | 1851
Assumpsit for work and labor, tried on the general issue. the case was that the defendant became insane, and so much so as to attempt injury to himself and the destruction of his property. He had negro servants, but his physician and relations thought it necessary that there should be some white person with him, as a nurse and a guard against his violence; and a son-in-law of the defendant requested the plaintiff to attend on him. He did so, and upon defendant's recovery he refused to pay him anything, and this action was brought. Defendant objected that as he was a lunatic at the time, no promise could be implied, and also that plaintiff's services were unnecessary. But the court instructed the jury that if they believed the evidence as to the condition of the defendant, and the state of his family, the services of the plaintiff were necessary to the defendant; and if so, the plaintiff was entitled to recover. Verdict and judgment for plaintiff, and defendant appealed.
the contracts of a lunatic are not all absolutely void; but it is held that contracts fairly made with them for necessaries or things suitable to their condition or habits of life are to be sustained. the leading case on the subject in England is that of Baxter v. Earl ofPortsmouth; and in Tally v. Tally,
Upon the other point there is no doubt. What the plaintiff did certainly falls within the class of necessaries as defined in the law.
PER CURIAM. Affirmed.
Cited: Hyman v. Cain,
(109)