Penfield v. Savage
Supreme Court of Connecticut
THIS was an action of book-debt, to recover of the defendant, as the guardian of Betsey A. Sloper, the sum of 109 dollars, 84 cents, expended by the plaintiff for her support and education. The cause was tried at Haddam, December term, 1817, before Trumbull, Baldwin and Hosmer, Ja. on the general issue, closed to the court. James Sloper, a resident of Middletown, in September 1806, married Charlotte Haskell, an inhabitant of the same town.
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THIS was an action of book-debt, to recover of the defendant, as the guardian of Betsey A. Sloper, the sum of 109 dollars, 84 cents, expended by the plaintiff for her support and education. The cause was tried at Haddam, December term, 1817, before Trumbull, Baldwin and Hosmer, Ja. on the general issue, closed to the court. James Sloper, a resident of Middletown, in September 1806, married Charlotte Haskell, an inhabitant of the same town. He lived with her there until the 20th of January 1807, when he went to sea, and died on the 21st of February following, leaving one child, Betsey A.…
1Opinion of the Court
Swift, Ch. J.
In this case, the defendant is lawful guar dian to Betsey JI. Sloper, the infant, or not. If he is not the lawful guardian, then a guardian may be appointed, who can call out of his hands the estate of the infant, which lie lias received, and lie cannot be liable for her support. If he is now the lawful guardian, then this action cannot be sustained ; for a guardian is not bound to support his ward out of his own estate, and is not liable to an action in his personal capacity. It must be by some process, by which the guardian may be compelled to apply the estate of the ward for…
2Cited by4 opinions
- Favrow v. VargasSupreme Court of Connecticut · 1994
- Cole v. JermanSupreme Court of Connecticut · 1904
- Macready v. WilcoxSupreme Court of Connecticut · 1866
- Plant v. HarrisonNew York Supreme Court · 1902