Derome v. Vose
Massachusetts Supreme Judicial Court
Contract for money had and received, brought by Wilbur F. Gile, as guardian, in the name of his ward, to recover $5000. Writ dated May 4, 1885. The answer contained a general denial ; and alleged that, in the appointment of the guardian, the Probate Court had no jurisdiction, as the ward was living in Canada at the date of the appointment.
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Contract for money had and received, brought by Wilbur F. Gile, as guardian, in the name of his ward, to recover $5000. Writ dated May 4, 1885. The answer contained a general denial ; and alleged that, in the appointment of the guardian, the Probate Court had no jurisdiction, as the ward was living in Canada at the date of the appointment. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The plaintiff called Mary I. Derome, who testified as follows: “ I was married to Thomas A. Derome in 1877, at Medford, and shortly after we went to…
1Opinion of the CourtC. Allen, J.
Upon the conceded facts, the defendant holds the money sued for upon a simple trust, with no interest or duty *578except to pay it over to the cestui que trust on demand. Under such circumstances, an action for money had and received lies to recover it. Gould v. Emerson, 99 Mass. 154, 157. Johnson v. Johnson, 120 Mass. 465. 2 Perry on Trusts, § 843.
The defendant denies the validity of the appointment of Gile as guardian, on the ground that the plaintiff was not an inhabitant of Massachusetts at the time when the appointment was made. But this objection cannot be taken in the present action, since…
2Cases cited3 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- McFeely v. ScottMassachusetts Supreme Judicial Court · 1879
3Cited by6 opinions
- State v. Eastern Coal CompanySupreme Court of Rhode Island · 1908
- Cole v. BatesMassachusetts Supreme Judicial Court · 1904
- Dallinger v. RichardsonMassachusetts Supreme Judicial Court · 1900
- York v. FlahertyMassachusetts Supreme Judicial Court · 1911
- Cummings v. HodgdonMassachusetts Supreme Judicial Court · 1888
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