New York Court of Appeals

Wadsworth Against Sharpsteen and Moffat Executors of Sherman.

June 5, 18538 N.Y. 388

Summary

The Court affirmed the judgment, holding that an inquisition finding a person a habitual drunkard is conclusive evidence of incapacity, rendering any contract such as a waiver of protest void, and that the proceeding is analogous to an in rem proceeding. Justice Willard dissented, arguing the inquisition is only prima facie evidence and should not preclude proof of sobriety at the time of the waiver.