The American Decisions (Volume 12); Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, From the Earliest Issue of the State Reports to the Year 1869 - Brossura

Brossura

ISBN 10: 0217947085 ISBN 13: 9780217947084

Riassunto

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... Relief Ix Equity.--"Courts of equity, as a mattei of public policy, do not incline, on the one hand, to lend their assistance to a person who has obtained an agreement or deed from another in a state of intoxication; and on the other hand, they are equally unwilling to assist the intoxicated party to get rid of his agreement or deed merely on the ground of his intoxication at the time. They will leave the parties to their ordinary remedies at law, unless there is some fraudulent contrivance or some imposition. It is upon this special ground that courts of equity have acted in cases where a broader principle has sometimes been supposed to have been upheld. They have indeed, indirectly by refusing relief, sustained agreements which have been fairly entered into, although the party was intoxicated at the time. And especially they have refused relief where the agreement was to settle a family dispute, and was in itself reasonable. But they have not gone the length of giving a positive sanction to such agreements so entered into by enforcing them against the party or in any other manner than by refusing to interfere in his favor against them:" Story's Eq. Juris., sees. 231, 232. Procuring Another's Intoxication.--As was intimated in the foregoing extract from Story's Equity Jurisprudence, contracts made by one while intoxicated at the procurement of the other contracting party, or those made with one who has taken advantage of the intoxication of the other, although not brought about by his design will be relieved against on the ground of fraud. And in such cases the degree of intoxication need not be so great as where one sets up his voluntary drunkenness as a defense: Hotchkiss v. Fortton, 7 Ycrg. 07; Harvey v. Peaks, 1 Munf. 519; Dtinn v. Amos, 14 Wise. 106; 1 Parsons on Contr. 384, n...

Dettagli dell?edizione

• Lingua: Inglese
• ISBN 10: 0217947085
• ISBN 13: 9780217947084
• Rilegatura: Copertina flessibile
• Contatto del produttore: non disponibile
• Persona responsabile: non disponibile