Merwin Appeal From the Doings of Commissioners
Supreme Court of Connecticut
Appeal from the doings of commissioners in allowing a claim against the estate of a deceased person, taken to the Superior Court in Fairfield County and tried to the court, George W. Wheeler, J., upon demurrer to the statement of claim filed by the claimant; the court sustained the demurrer and, after the motion of the claimant for leave to file a substituted statement of her claim had been denied (Elmer, J, rendered judgment for the respondents, from which the claimant…
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Appeal from the doings of commissioners in allowing a claim against the estate of a deceased person, taken to the Superior Court in Fairfield County and tried to the court, George W. Wheeler, J., upon demurrer to the statement of claim filed by the claimant; the court sustained the demurrer and, after the motion of the claimant for leave to file a substituted statement of her claim had been denied (Elmer, J, rendered judgment for the respondents, from which the claimant appealed for alleged errors in the rulings of the court. The bill of particulars filed by the claimant was this: — “ Estate…
1Opinion of the CourtBaldwin, J.
The original statement of claim was of a twofold character. It was for necessaries furnished to an insane person, which were reasonably worth $6,084; it was also for breach of a special undertaking by the conservator that, upon the ward’s death, $6,000 would be paid from her estate in compensation for these same necessaries. It is expressly alleged that they were hi fact furnished under an agreement made in consideration of this promise of the conservator. Had the promise been made by the ward, while sane, instead of her conservator, it would have excluded any resort to an implied contract. A…
2Cases cited4 opinions
- Freeman Appeal from Doings of CommissionersSupreme Court of Connecticut · 1899
- Donahue's Appeal From CommissionersSupreme Court of Connecticut · 1892
- Massachusetts General Hospital v. FairbanksMassachusetts Supreme Judicial Court · 1880
- Brewster v. AldrichSupreme Court of Connecticut · 1897
3Cited by9 opinions
- Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
- Corbin v. TownshendSupreme Court of Connecticut · 1918
- Fisk's Appeal From Doings of CommissionersSupreme Court of Connecticut · 1908
- Elmendorf v. PoprockiSupreme Court of Connecticut · 1967
- Hamilton v. PickettSupreme Court of Connecticut · 1918
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