Hines v. Potts
Mississippi Supreme Court
ERROR to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The case stands on demurrer to the declaration, which contains the six counts mentioned in the opinion of the court. 1. If any one of the six counts of the declaration presents a good cause of action, the judgment sustaining the demurrer must be reversed. Newell v. Newell, 5 Greo. 385 ; Guión v. Doherty, 43 Miss. 538. 2. A suit at law can be maintained against a lunatic under guardianship.
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ERROR to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The case stands on demurrer to the declaration, which contains the six counts mentioned in the opinion of the court. 1. If any one of the six counts of the declaration presents a good cause of action, the judgment sustaining the demurrer must be reversed. Newell v. Newell, 5 Greo. 385 ; Guión v. Doherty, 43 Miss. 538. 2. A suit at law can be maintained against a lunatic under guardianship. Aldrich v. Williams, 12 Vt. 413; Clarice v. Dunham, 4 Denio, 262; Thacher v. Dinsmore, 5 Mass. 300; Dxparte Leighton, 14 Mass. 207…
1Opinion of the CourtCampbell, J.
It is the settled doctrine of this court that the contracts of a guardian, or other trustee, bind himself personally, and do not so bind the estate he represents as to subject it to an action.
The circumstances under which one dealing with such a trustee may resort to the trust estate are indicated in the cases of Woods v. Ridley, 27 Miss. 119; Short, Admr., v. Porter, 44 Miss. 533; Clopton v. Gholson, 53 Miss. 466; Norton et al. v. Phelps, 54 Miss. 467. These illustrate two classes of cases, — the two former belonging to one, and the other two to another. The case under consideration, as set…
2Cases cited7 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Clopton v. GholsonMississippi Supreme Court · 1876
- Woods v. RidleyMississippi Supreme Court · 1854
- Norton v. PhelpsMississippi Supreme Court · 1877
- Short v. PorterMississippi Supreme Court · 1870
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3Cited by15 opinions
- Gwin v. FountainMississippi Supreme Court · 1930
- Wherry v. LatimerMississippi Supreme Court · 1912
- Boler v. MosbyMississippi Supreme Court · 1977
- Scott v. HollingsworthMississippi Supreme Court · 1986
- W. T. Raleigh Co. v. FortenberryMississippi Supreme Court · 1923
10 more not listed; retrieve them via the Exa API.