
    Hannahs, et al, vs. Sheldon.
    H, issued a certificate of deposit to F. F. transferí ed the same to S. S. brought suit against H,. on the certificate. At the trial, H. offered to prove that F. was insane at the time of the ti ansfer to S. The proposed evidence was excluded. JSeld, that such exclusion was
    Error to Calhoun Circuit.
   Opinion by

Cooley, J.

Sheldon sued the Hannahs upon a certificate oi deposit issued by them to Mrs. J. Failing, and by which they promised to pay to her order $804 75 in current banknotes. The certificate bore date February 2d, 1859, and Sheldon claimed title thereto as assignee The transfer of the same by Mrs. Failing was proved by her blank indorsement thereon. She was deceased at the time of the trial, and the defendants offered to show that from the date of the eertifficate to the the time of her decease she was insane, and incapable of transacting business. The plaintiff objected to the proposed evidence, and the Court excluded it. No ground was suggested on the argument upon which the ruling could be sustained.

Held, That if Mrs Failing was insane she could have made no valid assignment of the certificate, and the title thereto would have been in her personal representatives after her decease, and not in Mr. Sheldon.

Judgment below reversed with costs, and new trial ordered.  