Contracts Keyed to Murphy
CitiFinancial, Inc. v. Brown
The Defendants, Catherine and John Brown (mother and son) (Defendants), obtained a debt consolidation loan from the Plaintiff, CitiFinancial, Inc. (Plaintiff), which included an arbitration clause in case of default. When default occurred, Plaintiff brought suit alleging that they should not be held to the agreement, due to lack of capacity to understand the agreement. It is undisputed that John Brown was profoundly retarded, deaf, had poor eyesight and was language impaired to the point that he could neither read nor write. His mother brought suit on his behalf, claiming he could not have been aware of the agreement to which he bound himself.
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