SMITH v. HORSEY, 1 Del. Cas. 16 (1793)

Wilson’s Red Book, 10[*]

MARY SMITH v. SARAH HORSEY, now Robinson.

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.

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