McLane v. Curran
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for necessaries furnished • by the plaintiff to the defendant. Writ dated April 29, 1880. The case was referred to an auditor, who reported that the plaintiff was the mother of the defendant, who was a minor, and of whom the plaintiff was appointed guardian in March 1875, the defendant being then eleven years old; that the defendant’s father died intestate on January 14, 1875, seised and possessed of both real and personal property, and the…
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Contract, upon an account annexed, for necessaries furnished • by the plaintiff to the defendant. Writ dated April 29, 1880. The case was referred to an auditor, who reported that the plaintiff was the mother of the defendant, who was a minor, and of whom the plaintiff was appointed guardian in March 1875, the defendant being then eleven years old; that the defendant’s father died intestate on January 14, 1875, seised and possessed of both real and personal property, and the plaintiff was appointed administratrix of his estate; that no inventory was filed by the plaintiff, either as…
1Opinion of the CourtDevens, J.
The plaintiff was appointed the guardian of the defendant, and, so far as appears by the report of the auditor upon which the ruling of the Superior Court was based, was so at the commencement of the action, and still is such guardian. The action is upon an alleged contract for necessaries. That an action at common law cannot be maintained between a guardian and a ward while that relation exists, is clear. The character of that relation, the capacity in which the guardian acts, the duty to the ward’s property, (even if a guardian ad litem may be appointed where he is interested,) forbid that…
2Cited by16 opinions
- Schneider v. SchneiderCourt of Appeals of Maryland · 1930
- Green v. GaskillMassachusetts Supreme Judicial Court · 1900
- Latz v. Latz A/K/A SchaferCourt of Special Appeals of Maryland · 1971
- Murray v. WoodMassachusetts Supreme Judicial Court · 1887
- Day v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1917
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