Hunt v. Danforth
U.S. Circuit Court for the District of Rhode Island
This was a bill in equity, which came on to be heard on a demurrer. The substance of the stating part of the bill was as follows:— “Mary Hunt, of the city of Worcester, in the county of Worcester, in the commonwealth of Massachusetts, a citizen of the state of Massachusetts, wife of Stephen W. Hunt, of said Worcester, by her next friend, John W. Wetherell, of the city and county of Worcester, in the commonwealth of Massachusetts, a citizen of the state of Massachusetts, her…
Read the full summary
This was a bill in equity, which came on to be heard on a demurrer. The substance of the stating part of the bill was as follows:— “Mary Hunt, of the city of Worcester, in the county of Worcester, in the commonwealth of Massachusetts, a citizen of the state of Massachusetts, wife of Stephen W. Hunt, of said Worcester, by her next friend, John W. Wetherell, of the city and county of Worcester, in the commonwealth of Massachusetts, a citizen of the state of Massachusetts, her husband, Stephen W. Hunt, joining her therein, he being of said county and commonwealth, a citizen of said state of…
1Opinion of the Court
CUBTIS, Circuit Justice.
Mrs. Mary Hunt, hy her next friend, her husband also joining, brings this bill, against .the executor ■of Burrington Anthony, to enforce the execution of a trust expressly declared by the latter in his lifetime in her favor for her sole use. The bill is demurred to; and the first ground taken in support of the demurrer is, that as the bill shows that a liquidated .sum of money is due from the estate of the testator, the remedy is exclusively at law .by an action for money had and received in the joint names of the husband and wife.
The provision of the ldth section of…
2Cases cited2 opinions
- Brown v. SlaterSupreme Court of Connecticut · 1844
- Varick v. EdwardsNew York Court of Chancery · 1840
3Cited by2 opinions
- Eastern Building & Loan Ass'n v. BedfordU.S. Circuit Court for the District of Western Tennessee · 1898
- Edwards v. HillCourt of Appeals for the Eighth Circuit · 1894