From Casetext: Smarter Legal Research

Wallace v. Frey

Supreme Court, New York Special Term
Mar 1, 1899
27 Misc. 29 (N.Y. Sup. Ct. 1899)

Opinion

March, 1899.

James C. De La Mare, for motion.

John B. Gleason, opposed.


These actions are brought by the committee of an adjudged lunatic to set aside certain transfers made by the latter to the defendant Rose Frey, who applies for leave to set up by supplemental answer a settlement entered into by her with the lunatic during the pendency of the action, and while the inquisition remained in force, as it still continues.

The defense must be viewed as frivolous, since the presumption of insanity, during the life of the inquisition, is conclusive, and the actual sanity of the adjudged incompetent cannot be shown in support of an agreement made during that period. Carter v. Beckwith, 128 N.Y. 312.

Therefore, the motion is denied, with $10 costs.

Motion denied, with $10 costs.


Summaries of

Wallace v. Frey

Supreme Court, New York Special Term
Mar 1, 1899
27 Misc. 29 (N.Y. Sup. Ct. 1899)
Case details for

Wallace v. Frey

Case Details

Full title:JOHN WALLACE and FRANKLIN ALLEN, as Committee of MARIE F. WILMERDING…

Court:Supreme Court, New York Special Term

Date published: Mar 1, 1899

Citations

27 Misc. 29 (N.Y. Sup. Ct. 1899)
56 N.Y.S. 1051

Citing Cases

Schoenberg Co. v. Ulman

In New York the rule has been established that after inquisition found any contract made by a lunatic is…

Martello v. Cagliostro

Such adjudication and appointment of committee, however, are conclusive proof of the incompetency of the…