Legal Opinion

Thacher v. Dinsmore

Massachusetts Supreme Judicial Court

Decided May 15, 1809PublishedCited by 94 opinions

This action was brought on two several promissory notes [ * 300 ] by which the plaintiff, “as guardian to A. L., an * insane person,” promised the plaintiffs to pay them, or their order, one sum of money on a day certain, and another on demand. There were two other counts on the same notes, in which the promises were alleged to have been made by the defendant, without adding his capacity of guardian.

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

The question to be decided, on the facts agreed in this case is, whether the defendant is liable in this action. If an action is maintainable against any person, it must be the defendant; for the guardian of an insane person cannot make his ward liable to an action as on his own contract, by any promise which the guardian can make. Neither can the defendant be sued in his capacity of guardian, so as to make the estate of his ward liable to be taken in execution; for the judgment is not against the goods and estate of the ward…

2Cases cited2 opinions

  1. Forster v. FullerMassachusetts Supreme Judicial Court · 1809
  2. Clark v. LeachMassachusetts Supreme Judicial Court · 1813

3Cited by94 opinions

  1. Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
  2. Duvall v. CraigSupreme Court of the United States · 1817
  3. Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
  4. Pentz v. StantonNew York Supreme Court · 1833
  5. Schmittler v. . SimonNew York Court of Appeals · 1886

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