Riggs v. Zaleski
Supreme Court of Connecticut
Assumpsit for money lent; brought to the Court of Common Pleas of New Haven County, and tried to the court, on the general issue, before Stoddard, J. The plaintiff sued as conservator of one Henry R. Johnson, by whom, while the plaintiff was conservator, the money had been lent. The court rendered judgment for the plaintiff and the defendant brought the record before this court by a motion in error.
Read the full summary
Assumpsit for money lent; brought to the Court of Common Pleas of New Haven County, and tried to the court, on the general issue, before Stoddard, J. The plaintiff sued as conservator of one Henry R. Johnson, by whom, while the plaintiff was conservator, the money had been lent. The court rendered judgment for the plaintiff and the defendant brought the record before this court by a motion in error. The question whether the plaintiff could maintain the suit in his own name as conservator was not made in the court below, but for the first time upon the motion in error.
1Opinion of the CourtPark, C. J.
The contract for the loan of the money to the defendant was not made with the conservator but with the ward, and we think it is clear that the conservator cannot sustain an action on it in his own name. The cases of Treat v. Peck, 5 Conn., 280, and Hutchins v. Johnson, 12 Conn., 376, are conclusive of this question.
Under this view the judgment of the Court of Common Pleas is clearly erroneous. But it is claimed by the counsel for the plaintiff that the defendant can not take advantage of this error here, because the question was not made in the court below, and we are referred to the rule…
2Cases cited2 opinions
- Hutchins v. JohnsonSupreme Court of Connecticut · 1837
- Treat v. PeckSupreme Court of Connecticut · 1824
3Cited by4 opinions
- State v. CarpenterConnecticut Appellate Court · 1989
- Leary v. Citizens & Manufacturers National BankSupreme Court of Connecticut · 1942
- Martin v. Liberty BankConnecticut Appellate Court · 1997
- Pickett v. RuickoldtSupreme Court of Connecticut · 1917