Hutchins v. Johnson
Supreme Court of Connecticut
' This was an action of assumpsit on an award of arbitrators, brought by Asa Hutchins, “ as conservator legally appointed of Benjamin Johnson, a distracted person,” against Alfred Johnson. The declaration contained two counts.
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' This was an action of assumpsit on an award of arbitrators, brought by Asa Hutchins, “ as conservator legally appointed of Benjamin Johnson, a distracted person,” against Alfred Johnson. The declaration contained two counts. In the first it was alleged, “ That on the 16th of August, 1835, certain differences and disputes had arisen and were then existing between the plaintiff, as conservator as aforesaid, and the defendant, concerning the use and occupation of the farm, stock, farming tools and hay of the said Benjamin Johnson, before that time, by the defendant; and thereupon, to put an…
1Opinion of the Court
Williams, Ch. J.
The first question is, can a conservator submit to arbitration, questions relative to the estate of the award? It has been settled, by this Court, that an administrator may submit claims in behalf of the estate to arbitration. 1 Sw. Dig. 365. Ailing, admr. v. Munson, 2 Conn. Rep. 691. 696. Bean v. Farnam, 6 Pick. 269. 271. It is true, that an administrator has a legal interest in the goods and chattels of the deceased. A guardian, too, may submit for his ward, and bind himself that the award shall be performed. Roberts v. Newbold, Comb. 318. It may be said, that a guardian has…
2Cases cited5 opinions
- Starr v. ScottSupreme Court of Connecticut · 1831
- Hall v. HowdSupreme Court of Connecticut · 1835
- Alling v. MunsonSupreme Court of Connecticut · 1818
- Cameron's committee v. PottingerCourt of Appeals of Kentucky · 1813
- Weed v. EllisNew York Supreme Court · 1805
3Cited by19 opinions
- In re AllenSupreme Court of Vermont · 1909
- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Stempel v. Middletown Trust Co.Supreme Court of Connecticut · 1940
- Johnson's Appeal from ProbateSupreme Court of Connecticut · 1899
- In Re WretlindSupreme Court of Minnesota · 1948
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