Page:Federal Reporter, 1st Series, Volume 6.djvu/133

 EHODE ISLAND HOSPITAL TRUST CO. «. HAZAED. 121 �that Copelin examined the property and consulted with per- sons competent to advise him about the pjirchase ; that the defendant made no representations as to value or profits, but referred him to his own examination for the former and to the treasurer of the company for the latter; that the mine was and is, in the opinion of the defendant and of experts, worth at least $3,000,000, and that it was contraeted to be sold to certain English purchasers for that price soon after Copelin had bought, and the negotiation for the sale was mentioned to Copelin, in case it should come to a resuit, which the de- fendant did not then think very probable ; that this sale was not consummated for the reason that the laws of Missouri did not at that time permit land to be held by aliens, and not for any reason connected with its value; that the purchase by Copelin had been ratified by himself and his attorneys in fact; that one of those attorneys had refused to return the property to the defendant at cost, and he denies ail combina- tion, etc. �Copelin was attacked with a disease of the brain knowQ to physicians as general paralysis of the brain, was put nnder special charge and treatment for this disease in 1873, and died of it in 1875. It is a progressive disease, always fatal. One of its early symptoms is a great extravagance of ideas and of conduct, often manifested in making foolish and unneeessary purchases. The point of difiQculty in the case is that of time. When did Copelin cease to be a spec- ulator and become a lunatic ? The symptoms unfortunately are common to sane and insane people. �There was nothing in this particular purchase which would necessarily convict a person of insanity. A mine is certainly a very difficult piece of property to appraise, and opinions about this, mine vary ail the way from nothing to $5,000,000 or $6,000,000. But two things are clear — that those best aequainted with mining, and with this mine, put the highest value upon it, and not a single witness who depreeiated it has. any special knowledge about it ; and an English com- pany» upon the report by experts sent out for the purpose, agreed to buy it for $3,000,000, and failed to conclude the ��� �