Page:Federal Reporter, 1st Series, Volume 1.djvu/590

 582 FKDEEAL EEPÛBTEE. �he exaggerated the value of the carriage he got, saying it was worth $10,000, and that the speaking tube, extending from the inside of the carriage to the driver's seat, was worth $500. Other acts and speeches of plaintiff are detailed by the wit- nesses,going to show his reasoning faculties were more or less deranged. His condition remained the same for four or ûve days after the trade, when his mind seemed to be restored to its normal condition, and he inquired for his property, and seemed quite confounded when told he had traded it for the carriage. He testifies that he bas no knowledge or recollec- tion of anything that he said or did from the fourteenth of July, the date he received his injury, untilthe twenty-seoond day of that month. �Persons who saw the plaintiff casually during tbis time tes- tify that they observed nothing in his speech or action io indicate that he was not sane; but those who were well acquainted with bim, and who were with him much before and after the injury, and who had the best opportanity of form- ing a correct opinion on the subject, agree in saying he was not in his right mind, and' was utterly incapable of transact- ing business, or forming or exercising a deliberate and intel- ligent judgment on any subject. �Opinions of witnesses not experts are competent evidence in cases where the objeet is to prove capacity or incapacity to make a contract when the faots or circumstances are dis- closed on which they found their opinions. Kelly's TIeirs v. McGuire, 15 Ark. 555, 601. �In answer to a hypothetical question, which fairly stated the plaintifï's condition as disolosed by tha evidence, Dr. Barry givea it as his opinion that the f acts indicate a deranged condition of mind at the time the trade was made. �One of the physical causes of insanity is severe injuries to the head from blows, causing concussion of the brain. The evidence satisfactorily establishes the fact that the fall plain- tifi received produced concussion of the brain, and that this condition continued until after the trade with defendants. �Against the consequences of mistaken judgment or mere imprudence and foUy on the part of one making a contract ��� �