#### American Granite Company, Appellant, vs. Kringel, Administrator, and others, Respondents.

*November 20, 1913*

February *24, 1914.*

*Insane persons: Lucid intervals: Bills and notes: Insanity of maker: Finding of fact.*

1. A person who, in general, is insane may bind himself by contract made during a lucid interval which renders him capable of appreciating the nature of his acts and exercising judgment in respect thereto.

*2.*A finding by the circuit court that at the time of the execution of promissory notes the maker was an insane person, mentally incompetent to transact business, is *held*to be sustained by the evidence.

Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge.

*Affirmed.*

Action to recover on two promissory notes made by Albert J. Kringel, deceased. The claim was presented in county court and allowed. It was contested upon the ground of Mr. Kringel being insane and wholly incompetent to do business at the date of the notes. On appeal to the circuit court the judgment of the county court was reversed; the claim of incompetency being sustained. The finding in that regard is this:

“Albert J. Kringel was on the 9th day of November, 1908, and continually for a considerable period of time prior *95thereto liad been and np to tbe time of bis death was at all times an insane person, mentally incompetent to do or transact business.”

Tbe evidence tended to sbow tbis: Kringel was, during all tbe times material to tbe case, severely afflicted by a disorder commonly affecting tbe mind and did so. in tbe particular instance. Sucb disease is of progressive character and, ordinarily, results in mental incompetency. In tbe particular instance it so resulted and tbe incompetent condition existed when tbe notes were made, and continued to tbe end. Krin-gel was placed under guardianship a short time after tbe notes were made and was declared insane and placed in a hospital for detention and treatment as an insane man. His infirmity resulted in bis death a few months after tbe notes were given. There was much evidence showing in considerable detail characteristics and conduct of tbe deceased indicating mental incompetency, and opinion evidence in that respect, both of expert and nonexpert character. There was also evidence to tbe contrary.

Eor tbe appellant there was a brief by *Carroll & Carroll,*and oral argument by *W. J. Carroll.*

*0. W. Bow,*for tbe respondent administrator.

*William W. Wight,*guardian *ad litem,*for tbe infant respondents.

*Otto C. Hackbarth,*for tbe respondent widow.

Tbe following opinion was filed December 9, 1913:

MaRShall, J.

Tbe only point made of sufficient merit to-warrant mention of it, is that tbe finding of fact as to tbe mental condition of Kringel when the notes were made, is contrary to tbe evidence. Tbe general character of tbe evidence on tbe subject, as indicated in tbe statement, is sufficient to sbow that tbe question is ruled in favor of respondent by tbe principle that trial findings of fact must prevail on appeal unless contrary to tbe clear preponderance of tbe evi-*96deuce. There is no reason that we can perceive why that rule should not have its full effect in this case. It is one where observance of the witnesses 'and listening to their testimony is generally very helpful in arriving at the right of a controversy. All the indications are that the trial court came to the conclusion which it did with full appreciation of the law that a person who, in general, is insane, may bind himself by contract made during a lucid interval rendering him capable of appreciating the nature of his acts and exercising judgment in respect thereto.

*By the Oourt.*— The judgment is affirmed.

A motion for a rehearing was denied, with $25 costs, on Eebruary 24, 1914.