Hill v. Arnold
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Middlesex made on October 9, 1905, authorizing the petitioner to bring an action on the bond of one Willard Houghton as guardian of one George Houghton, an insane person. The appeal came on to be heard before Hammond, J., who reserved it for determination by the full court, reporting the facts as agreed to by all the parties in interest.
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Appeal from a decree of the Probate Court for the county of Middlesex made on October 9, 1905, authorizing the petitioner to bring an action on the bond of one Willard Houghton as guardian of one George Houghton, an insane person. The appeal came on to be heard before Hammond, J., who reserved it for determination by the full court, reporting the facts as agreed to by all the parties in interest. If upon the facts reported any action could be maintained against the sureties on the bond, the decree of the Probate Court was to stand; otherwise, the decree was to be set aside so far as it…
1Opinion of the CourtKnowlton, C. J.
This is a petition for leave to bring a suit against the sureties upon the bond of the guardian of an insane person, and the only question in the case is whether the proposed action is barred by the statute of limitations. This statute, which is E. L. c. 149, § 35, is as follows: “ No action shall be maintained against the sureties on a bond given by a guardian, unless commenced within four years from the time of the discharge of the guardian; but if at the time of such discharge the person entitled to bring such action is out of the Commonwealth, it may be commenced within four years after…
2Cases cited3 opinions
- Harding v. WeldMassachusetts Supreme Judicial Court · 1880
- McKim v. MannMassachusetts Supreme Judicial Court · 1886
- Sweet v. City of BostonMassachusetts Supreme Judicial Court · 1904
3Cited by12 opinions
- Bickford v. FurberMassachusetts Supreme Judicial Court · 1930
- Cashman v. HedbergSupreme Court of Minnesota · 1943
- Cioffi v. GuentherMassachusetts Supreme Judicial Court · 1977
- DeCosta v. Ye Craftsman Studio Inc.Massachusetts Supreme Judicial Court · 1932
- Sullivan v. LloydMassachusetts Supreme Judicial Court · 1915
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