McCormick v. Littler

Citations

• 85 Ill. 62

Syllabus

<p>1. Lunatic—note given for necessaries valid. Although a person may have been adjudged insane, yet, if no conservator has been appointed, and he is in the management of his business, and there' is nothing about his appearance to indicate his incapacity to contract, if he purchases an article at a fair and reasonable price, necessary and useful in his business, the seller having no notice of his being adjudged insane, he will, be liable to pay the price he agreed to pay, and it will be error to enjoin a judgment on a note given for the price.</p> <p>2. Same—contracts of when valid. Notwithstanding the statute, a contract made with a lunatic in a lucid interval, is binding, and may be enforced against him.</p> <p>3. Chancery—defense at law. The fact that a person has been adjudged lunatic or insane, and is under the ban of the law when he gives a note, is a legal defense to an action thereon, and should be made then, and not attempted in equity.</p>