Long v. Copeland
Massachusetts Supreme Judicial Court
Contract on a bond given by the defendant Copeland as guardian of Maria Frances Donohue, a minor, alleging that the minor owed the plaintiff a debt of $272.43 according to the account annexed to the declaration. Writ dated January 16, 1902. The defendants demurred. The Superior Court sustained the demurrer and gave judgment for the defendants. The plaintiff appealed.
1Opinion of the CourtLosing, J.
It is too late to question the rule laid down in Conant v. Kendall, 21 Pick. 36, that a creditor of a ward can maintain an action on the bond given by the guardian. But in that case this court left open the question whether the creditor could maintain such an action before he had reduced his debt to judgment; 21 Pick, at p. 40 ; and this question was referred to as still an - open one in Cole v. Eaton, 8 Cush. 587, 588. No reference has been made to it in any of the subsequent cases in which this matter has been before the court. Hicks v. Chapman, 10 Allen, 463. Willard v. Lavender, 147 Mass.…
2Cases cited1 opinion
- Willard v. LavenderMassachusetts Supreme Judicial Court · 1888
3Cited by2 opinions
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