Dawes v. Bell
Massachusetts Supreme Judicial Court
Debt on bond for the faithful performance of the trust of guai dian. The action was brought for the benefit of John S. Richards, and Sarah Richards, a minor, whose names were endorsed on the writ, and to whom the said Bell was guardian.
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Debt on bond for the faithful performance of the trust of guai dian. The action was brought for the benefit of John S. Richards, and Sarah Richards, a minor, whose names were endorsed on the writ, and to whom the said Bell was guardian. The defendants confessed the forfeiture of the bond, subject to the opinion of the Court, as to their liability to the said John and Sarah, or either o them, on the following facts: — It is agreed that the said Bell did, after the commencement of this suit, duly settle his accounts at the probate office, as guardian to the said John and Sarah, and it appeared…
1Opinion of the Court
By the Court.
It appears that the guardian, by refusing to account when cited, has broken the condition of his bond ; and there must be judgment for the judge of probate to have the penalty. It is agreed that 30 dollars 94 cents are due to John, for which execution must issue ; that nothing is due tc Sarah, and therefore, as to her, nominal damages must be awarded. And as the damages due to the wards are exclusively for their benefit, let executions issue specially for their use ; so that they may receive the satisfaction immediately from the debtors or the sheriff. The costs in their nature…
2Cited by2 opinions
- Miller v. KelseySupreme Judicial Court of Maine · 1905
- Bailey v. RogersSupreme Judicial Court of Maine · 1821