Barnard v. Garrard

Abstract

This was an action for breach of promise to marry, the defence being that at the time the promise was made defendant was of unsound mind, and if not then of unsound mind became so before the time for fulfilment arrived. The admitted promise was made in January, 1895. On the 6th of February following the defendant was in a state of intense maniacal excitement, and on the 8th was sent to Heigham Hall, but no evidence appears to have been given that he was insane in January, nor were the medical men who saw him in February asked as to his probable condition in the previous month. The jury found that defendant was of sound mind when he made the promise, but of unsound mind at the date fixed for the performance, and assessed the damages at £500. The judge thought it a perfectly right finding, but said that as a matter of law judgment would be for the defendant.—Q. B. D., Feb. 13 (Lord Justice A. L. Smith).—“Daily Chronicle,” Feb. 14, 1896.