Page:Federal Reporter, 1st Series, Volume 1.djvu/592

68e FBDËBAIi BEFORTEB. �It is obvious from the evidence that the plaintiff, at the very time he made this trade, ought to have been in his bed receiving proper medical treatment for his injuries; and he probably wonld bave been there if the purpose of visiting Little Eock to dispose of his property had not been the one thought fixed in his mind and in course of execution at the moment of the injury. In his deiirious condition, after the injury, he fancied that purpose must be carried out ; and his trip to Little Eock, while laboring under concussion of the brain, and suffering excruciating pain from the injury to his ankle, was itself an insane act, or at least an act that no man in the full possession of his senses would have attempted. �A party is not bound by a contract entered into where his mental condition is suoh as to preclude any fair or reasonable exercise of the reasoning faculties. While the plaintiff's injuries did not produce a total eclipse of his mental faculties, they did so vreaken and derange them that he was not capable of comprehending the subject of the contract, and its nature and probable consequences, and he is not, therefore, bound by it. It is a fortunate circumstance that the carriage re- ceived by plaintiff from the defendants has been securely housed during this litigation, and that it remains in the same condition as when plaintiff received it, so that defendants can be placed in statu quo, The defendants having parted with the property received from the plaintiff must account for the fair cash value of the same at the time the trade was made, which is found to be $750, and 6 per cent, interest on the same to date of decree. �The cross-bill of defendants, seeking to foreclose the mort- gage on the carriage, given to secure the $160 "boot money." must be dismissed, and the defendants required to surre nlor the notes and mortgages for cancellation, and to pay ail costs. ��� �