The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1906-11-15

necessary for the preservation OF the
estate.
Generally speaking, an insane per-
sons contracts are not void, but, as in
the case of infancy, such contracts are
| voidable, that is, he may carry them
out or not as he chooses. However,
such contracts are binding upon him II,
after his reason has returned, he affirms
them or if during his insanity his
guardian or those having legal authority
over him ratify them. If the person
after becoming sane, or if his guardian,
| before he becomes sane, disaffirms
contract, and refuses to abide by IT, he
must return whatever he has received on
the contract provided he can do 80. he
cannot disaffirm the contract and keep
the proceeds He may disaffirm the con
tract without returning anything II
what he has received is lost or has In
any way passed out of his control.
The following exception to some OF
the rules stated must be noted: When
guardian or committee has been APP
pointed by court over person adj
Judged to be insane his contracts from
that time on are void, excepting where
they are for the necessaries OF life, and
then he is bound, not on the contract,
but for the reasonable value Of what he
has purchased. 1t should be said, too,
that where one has been adjudged in
sane his contracts, even though made at
lucid intervals, or while such judgment
is in force, have no binding effect.
Where it is a question whether or not
person was insane, the jury will be in
struc ted to look into the nature of the
contract and the influences that led to
the making of the contract. They Will
be asked to consider whether it was far
or lust; whether the consideration was
adequate; whether the other party knew
Of the mental arrangement; whether the
other party sought an advantage in con.
sequence of such knowledge; whether
there was any undue influence used or
fraud; whether the supposed insane per
son had advice what vas its nature
and who gave it to him. These ques-
tons being answered the jury will be
asked to declare whether or not the con
tract was the offspring of sane mind.
The sane party to q contract Will be
held whether he knew of the insanity OF
the other person or not, If the insane
person, or his representatives, so elect.
Drunkenness is species of insanity,
and while it is not good defense to
criminal charge, it may be pleaded as a
defense in "a suit on contract made
when the person sued on the contract
was drunk at the time he made the con-
tract It follows, therefore, that con-
tract made by person when drunk, II
it can be proved that at the time he was
bereft Of reason, is voidable it makes
no difference whether the drunkenness
was voluntary or involuntary,
The same rule holds good with refer
ence to the matter of the necessaries of
life ~ in the case of insane persons, a
drunkard being held liable to LAY for
the reasonable value of the necessaries
of life used by him when drunk. He
may, when sober, return such az he has
not consumed and disaffirm the contract
to that extent If he keeps what he
purchased during his drunkenness an
unreasonable time after he becomes
sober he will be held to have ratified the
contract. The contract of an habitual
drunkard Is good if made in sober in
terval Mere dr. unkenness will not i'm
pair a contr act To have the effect of
impairing a contract it must be proven
that the party was non compos mentis
at the time. Insanity brought on by
long continued drunkenness does not
differ in legal effect from any other sort
Of insanity.
To be continued.