Gardiner v. Thorndike
Massachusetts Supreme Judicial Court
Contract against the executors under the will of Caroline Louisa Gardiner for a legacy of $1,000. Writ dated May 11, 1900. The defence was payment. At the trial in the Superior Court before Sherman, J., without a jury, it appeared, that the defendants had paid the amount of the legacy to the guardian of the plaintiff appointed in the State of Maine and authorized by the laws of that State to receive the payment.
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Contract against the executors under the will of Caroline Louisa Gardiner for a legacy of $1,000. Writ dated May 11, 1900. The defence was payment. At the trial in the Superior Court before Sherman, J., without a jury, it appeared, that the defendants had paid the amount of the legacy to the guardian of the plaintiff appointed in the State of Maine and authorized by the laws of that State to receive the payment. The judge found for the defendants, and reported the case for determination by this court. If the rulings made by the judge were correct judgment was to be entered for the defendants;…
1Opinion of the CourtHammond, J.
The defendants paid the legacy to the guardian, the father of the plaintiff, both guardian and ward being at the time of the payment domiciled in Maine, where the appointment was made; and the crucial question is whether the payment is a bar to this suit.
It is well settled that at common law the authority of a guardian, like that of an administrator, is local and is restricted to the limits of the State in which he is appointed. This is only one illustration of the general principle that power is the source of jurisdiction, and that the fiat of the law-making power cannot proprio vigore…
2Cases cited9 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Wyman v. HalsteadSupreme Court of the United States · 1884
- Wilkins v. EllettSupreme Court of the United States · 1870
- Wilkins v. EllettSupreme Court of the United States · 1883
- Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
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3Cited by12 opinions
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
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- Old Colony Trust Co. v. ClarkeMassachusetts Supreme Judicial Court · 1935
- Forbes v. AllenMassachusetts Supreme Judicial Court · 1922
- Morrison v. HassMassachusetts Supreme Judicial Court · 1918
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