Legal Opinion

Young v. Young

Supreme Judicial Court of Maine

Decided November 8, 1894PublishedCited by 1 opinion

Agreed statement. Assumpsit for money had and received. Date of writ, February 6, 1892. Plea : The general issue with brief statement that the defendant is and has been since the second Tuesday of March, 1889, the legally appointed guardian of the plaintiff, and has during all said time acted as such, and that whatever moneys of the plaintiff he has received have been received by him as such guardian.

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Agreed statement. Assumpsit for money had and received. Date of writ, February 6, 1892. Plea : The general issue with brief statement that the defendant is and has been since the second Tuesday of March, 1889, the legally appointed guardian of the plaintiff, and has during all said time acted as such, and that whatever moneys of the plaintiff he has received have been received by him as such guardian. The case was submitted to the Law Court upon the following-agreed statement: At a regular term of the Probate Court of the county of Waldo, held at Belfast within and for said county, on the…

1Opinion of the CourtStrout, J.

Revised Statutes, chap. 67, § 4, clause 2, provides for art appointment of a guardian by the judge of probate for two classes of persons : first, those who have become incapable of managing their affairs "by excessive drinking, gambling, idleness or debauchery of any kind;” and second, those "who so spend or waste their estate as to expose themselves or families to want or suffering, or their towns to expense.”

The latter class was intended to include such heedless, improvident and wasteful persons, as thereby expose themselves and families to want, without any reference to habits of drinking…

2Cited by1 opinion

  1. State v. SmithSupreme Court of Louisiana · 1881

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