Wilson’s Red Book, 10[*]
Court of Common Pleas of Delaware.
November, 1793.
[*] This case is also reported in Read’s Notebook, 11.
Evidence that plaintiff’s father in a merry humor and drunk gave the negro in question to plaintiff when a little girl because she and another danced with him, and to the other he gave a feather bed which she never claimed nor got, and at the time put the negro boy’s hand into the plaintiff’s hand. This it was said perfected the gift. 2 Str. 955, 2 Bl.Comm. 441.
It was shown at the trial that drunkenness will not excuse a crime committed — nor will it make void a civil contract unless the person is made drunk in order to deceive him or is some way cheated. Vide
Bl.Comm.
Verdict for the plaintiff, £30 damages.
What gifts are fraudulent, vide 3 Co. 82.