Rollins v. Marsh
Massachusetts Supreme Judicial Court
Contract in two counts. The first count was on an account annexed for board, lodging and care furnished Lucy A. Eollins, an insane person, of whom the defendant was guardian. The second count was on a written contract, by the terms of which the plaintiff was to furnish Rollins with board, lodging and care during her natural life, in consideration of the use of certain real estate and personal property belonging to Rollins.
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Contract in two counts. The first count was on an account annexed for board, lodging and care furnished Lucy A. Eollins, an insane person, of whom the defendant was guardian. The second count was on a written contract, by the terms of which the plaintiff was to furnish Rollins with board, lodging and care during her natural life, in consideration of the use of certain real estate and personal property belonging to Rollins. The writ, dated November 28, 1877, was against the defendant, “as he was the guardian of Lucy A. Rollins.” Trial in the Superior Court, before Dewey, J., who allowed a bill…
1Opinion of the CourtSoule, J.
Guardians of minors, spendthrifts, or insane persons do not become owners of the property which is placed under their charge. The title thereto remains in the wards. The guardians have only a naked power, not coupled with an interest. The debts of the ward remain his debts, and can be recovered by suit against him, not by suit against the guardian. Brown v. Chase, 4 Mass. 436. Simmons v. Almy, 100 Mass. 239. Such suit may be defended by the guardian in behalf of the ward. The guardian cannot bind the person or estate of his ward by contract made by himself. Such contract binds him personally,…
2Cases cited8 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Brown v. ChaseMassachusetts Supreme Judicial Court · 1808
- Cutter v. CochraneMassachusetts Supreme Judicial Court · 1874
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3Cited by55 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Sturgis v. SturgisOregon Supreme Court · 1908
- Zlotnick v. McNamaraMassachusetts Supreme Judicial Court · 1938
- Torrey v. AdamsMassachusetts Supreme Judicial Court · 1925
50 more not listed; retrieve them via the Exa API.