Legal Opinion

Hutchinson v. Hutchinson

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 2 opinions

Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows.

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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The items of the plaintiff’s account, in reference to which controversy was had in the supreme court, were for boarding one Frederick White from March 26, 1836, to May 7, 1837, at $1,50 per week, and from May 7, 1837, to the time of his death, which was March 18, 1842, at $2,00 per week, and for extra services in taking care of said White, — such as repairing bedding and clothing, extra washing, care when sick, and the trouble and expense of his burial. It appeared,…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

It is objected in the first place, in behalf of the defendant, that, in making the contract for the keeping of the ward, he is to be considered as having acted in the character of an agent of the ward, and not to have bound himself personally, but only the estate of the ward, — it appearing that the plaintiff had full knowledge that he was guardian.

It is not found by the auditor, that, at the time of the making of the contract for the board of the ward, the defendant undertook to limit the right of the plaintiff to the estate of the ward, for…

2Cited by2 opinions

  1. Cook v. BennettSupreme Court of New Hampshire · 1871
  2. Pinnell v. HinkleWest Virginia Supreme Court · 1903

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