Legal Opinion

Bowman v. Herr

Supreme Court of Pennsylvania

Decided May 15, 1830Published

Appear by the plaintiff from the decision of Huston, 3. at a Cir«cuit court held in Lebanon county. Henry Herr, the defendant’s testator, had been the guardian of ■Michael Bowman., the plaintiff) and died without having settled a •guardianship-account of the estate of his ward which had come to fifis hands.

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Appear by the plaintiff from the decision of Huston, 3. at a Cir«cuit court held in Lebanon county. Henry Herr, the defendant’s testator, had been the guardian of ■Michael Bowman., the plaintiff) and died without having settled a •guardianship-account of the estate of his ward which had come to fifis hands. The plaintiff Michael Bowman, after he arrived at full age, ibrought this suit against the representatives of Henry Herr, his late guardian, and claimed t-o recover upon a declaration for money had ¡and received for his use. ■ Upon the trial of the cause, the plaintiff offered evidence of…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

At the common law a guardian is liable to an action of account render, but there is no instance of án action for money had and received, having been sustainéd against him, before settlement of his. account. The remedy by account render, is but seldom resorted to, but the practice is for the ward to file a hill in chancery, calling the guardian to account. The Equity Courts take jurisdiction on the ground of their general superintendance of all infants, and because the guardian is a trustee; and it is the peculiar duty *283of chancery to ensure…

2Cases cited1 opinion

  1. Denison v. CornwellSupreme Court of Pennsylvania · 1828

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