Hervey v. Rawson
Massachusetts Supreme Judicial Court
Contract, for money had and received. Trial in the Superior Court, without a jury, before Richardson, J., who found for the plaintiff, and the defendant alleged exceptions. Writ dated December 17, 1894. The following facts were proved or admitted. The plaintiff had been insane since 1877. Charles I. Rawson was his guardian from 1877 to March, 1894, when he was removed, and Francis H. Dewey was duly appointed guardian.
Read the full summary
Contract, for money had and received. Trial in the Superior Court, without a jury, before Richardson, J., who found for the plaintiff, and the defendant alleged exceptions. Writ dated December 17, 1894. The following facts were proved or admitted. The plaintiff had been insane since 1877. Charles I. Rawson was his guardian from 1877 to March, 1894, when he was removed, and Francis H. Dewey was duly appointed guardian. Charles I. Rawson, guardian, on April 7, 1885, loaned the money of the estate to the defendant, who was his wife, and who was a sister of the ward, and took therefor her note…
1Opinion of the CourtField, C. J.
The money lent to the defendant was the money of the plaintiff. The note taken was payable to the plaintiff. It does not appear that the note was on time or was negotiable, and if it was negotiable, the plaintiff while insane and under guardianship could not negotiate it, and it does not appear that his former guardian had indorsed it, and he could not indorse it after he was removed from the office of guardian. There is nothing in the exceptions which shows that the note is now outstanding as a valid note in the hands of some other person than the plaintiff or his former guardian. It is not…
2Cases cited3 opinions
- State ex rel. Murray v. BishopCourt of Appeals of Maryland · 1866
- Beam v. . FronebergerSupreme Court of North Carolina · 1876
- Branch, Sons & Co. v. DuBoseSupreme Court of Georgia · 1875
3Cited by8 opinions
- Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
- Sweet v. Montpelier Savings Bank & Trust Co.Supreme Court of Kansas · 1904
- Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
- Wolf v. United StatesDistrict Court, S.D. New York · 1935
- Paavola v. Saint Joseph Hospital Corp.Michigan Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.