Thorndike v. Hinckley
Massachusetts Supreme Judicial Court
Contract on an account annexed. The answer contained a general denial and alleged that the debt, if any, arose from the defendant’s acts as guardian of the plaintiffs ; that her accounts in the Probate Court had not been acted upon; and that she had fully paid all claims, if any, due to them. Trial in the Superior Court, without a jury, before Dunbar, J., who found for the defendant, and reported the case for the determination of this court, in substance as follows.
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Contract on an account annexed. The answer contained a general denial and alleged that the debt, if any, arose from the defendant’s acts as guardian of the plaintiffs ; that her accounts in the Probate Court had not been acted upon; and that she had fully paid all claims, if any, due to them. Trial in the Superior Court, without a jury, before Dunbar, J., who found for the defendant, and reported the case for the determination of this court, in substance as follows. It appeared in evidence that Edward Thorndike, the father of the plaintiffs and husband of the defendant, died intestate in…
1Opinion of the CourtKnowlton, J.
The report presents all the material evidence introduced at the trial. It appeared that the defendant was administratrix of her former husband’s estate, and guardian of the plaintiffs, who are her children, and that from her husband’s death in 1874 until she was removed from her guardianship by the Probate Court, in 1885, she was in charge of their property. Her accounts as guardian have been filed in the Probate Court, but have never been acted upon, and still remain unsettled. The plaintiffs put in evidence the trust deed made by her for their benefit, bearing date June 19, 1878, which…
2Cases cited3 opinions
- Murray v. WoodMassachusetts Supreme Judicial Court · 1887
- McLane v. CurranMassachusetts Supreme Judicial Court · 1882
- Cobb v. KemptonMassachusetts Supreme Judicial Court · 1891
3Cited by10 opinions
- Green v. GaskillMassachusetts Supreme Judicial Court · 1900
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Baker v. BundyIndiana Court of Appeals · 1913
- Upham v. DraperMassachusetts Supreme Judicial Court · 1892
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