Merrells v. Phelps
Supreme Court of Connecticut
Debt, on a guardian bond given to a judge of probate by the defendant Elihu Phelps as principal and the defendant Harvey Holcomb as surety, for the faithful discharge by the said Phelps of the office of guardian of one Mary Ann Belden, a minor, and for the rendering of a true account of his guardianship. The case was brought to the superior court in Litchfield county. The defendants pleaded performance generally, to which the plaintiff replied assigning breaches.
Read the full summary
Debt, on a guardian bond given to a judge of probate by the defendant Elihu Phelps as principal and the defendant Harvey Holcomb as surety, for the faithful discharge by the said Phelps of the office of guardian of one Mary Ann Belden, a minor, and for the rendering of a true account of his guardianship. The case was brought to the superior court in Litchfield county. The defendants pleaded performance generally, to which the plaintiff replied assigning breaches. The case was referred to an auditor, by whom the following facts were found. The defendant Phelps was appointed by the court of…
1Opinion of the CourtMcCurdy, J.
On the 29th day of October, A. D. 1860, the defendants, Phelps as principal, and Holcomb as surety, gave a bond to the court of probate, the condition of which was that the said Phelps, who had been appointed guardian of Mary Ann Belden, a minor, should well, truly and faithfully execute and discharge his office as guardian and render a *112true account to the judge or his successor if required, or to his ward when arrived at full age. This duty includes of course not merely a statement of receipts and disbursements but a payment to her of any balance which might be due on the settlement.
He had…
2Cases cited1 opinion
- Curtiss v. BeardsleySupreme Court of Connecticut · 1843
3Cited by11 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- People v. SeelyeIllinois Supreme Court · 1892
- Satti v. RagoSupreme Court of Connecticut · 1982
- Kerin v. StangleSupreme Court of Connecticut · 1988
- Markland Mining & Manufacturing Co. v. KimmelIndiana Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.