10 N.Y. St. Rep. 709 | City of New York Municipal Court | 1887
Wedmark had committed no offence, and the money taken from his person was not the proceeds of crime. The defendant became possessed of it for safekeeping only, and was bound to return it upon demand. The fact that Wedmark was committed to the Asylum did not incapacitate him from making a legal transfer of the right of action. Xo committee of the person and estate of the lunatic has been appointed, and until inquisition and office found, the acts of the lunatic are voidable only—not void (Ingraham v. Baldwin, 9 N. Y. 45
Van Deusen v. Sweet, (51 N. Y. 378) does not conflict with the view stated. In that case, the plaintiff brought ejectment, claiming title under the will of Sylvester Sweet made in 1849. The defendant claimed title under a deed executed by Sylvester Sweet in 1864. The question of
The defendant in the present case is a stranger to Wed-mark, and cannot litigate the question of his insanity. If Wed mark had been formally adjudicated a lunatic, and a committee of his person and estate had been appointed, the assignment made by him would have been absolutely void, and might have been defeated by the defendant on that ground (Fitzhugh v. Wilcox, 12 Barb. 235; Wadsworth v. Sherman, 14 Io. 169; 2 Crary's Spec. Proc. 20). The ■ incapacity of a lunatic (before office found) has been frequently likened to that of an infant whose contracts are voidable—not void. While either may avoid his contracts, the privilege is personal and no stranger can avail himself of "it. Upon this ground, it has been held that an infant may by endorsement transfer a promissory note {Gowems Tr. §§ 370,1015, and cases cited), and he may join in an assignment for the benefit of creditors (Yates v. Lyon, 61 N. Y. 344
The defendant has acted from the best of motives, but he has no legal defense to the action, the verdict was properly directed against him, and the motion for a new trial must be denied. No costs.
Aff'g 12 Barb. 9.
s. c., 6 Supm. Ct. (T. & C.) 13.
Rev'g 61 Barb. 205.