Inhabitants of Raymond v. Sawyer
Supreme Judicial Court of Maine
On Facts agreed. Assumpsit, against defendant, as guardian of Cylena H, Dyke, an insane married woman, who was decreed by the Judge of Probate to be insane, on the application of the overseers of the poor of Raymond, in June, 1853. Most of the charges were for money paid for her support at the Insane Hospital, in 1840, and all of them before the appointment of defendant. The defendant was duly appointed her guardian.
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On Facts agreed. Assumpsit, against defendant, as guardian of Cylena H, Dyke, an insane married woman, who was decreed by the Judge of Probate to be insane, on the application of the overseers of the poor of Raymond, in June, 1853. Most of the charges were for money paid for her support at the Insane Hospital, in 1840, and all of them before the appointment of defendant. The defendant was duly appointed her guardian. The supplies were admitted to be correctly-charged, and that the said Cylena was in need thereof. No exception is taken to the form of the action. If, in the opinion of the…
1Opinion of the CourtHoward, J.
— As a part of the general policy of the law, which subjects the property of an owner to the payment of his debts, it is made the duty of guardians to pay all just debts due from their wards, out of their estates. R. S., c. 110, § § 7, 20 j Act of 1853, c. 6. A refusal to comply with this duty will constitute a breach of the guardianship bond, and the creditor may resort to a suit upon it, for indemnity. But one cannot be sued in his capacity of guardian, so as to render the estate of his ward liable to be taken on execution ; for the judgment in such case, would go against the defendant, and…
2Cited by5 opinions
- Sturgis v. SturgisOregon Supreme Court · 1908
- Justice v. OttCalifornia Supreme Court · 1891
- Laute v. GearhartSupreme Court of New Jersey · 1933
- Stockman v. City of South PortlandSupreme Judicial Court of Maine · 1952
- State v. Fidelity & Deposit Co.Court of Appeals of Maryland · 1918