Weston v. Stuart
Supreme Judicial Court of Maine
This was an action of debt on a bond given by the defendant to the plaintiff for the performance of an award. The general issue was pleaded, with a brief statement setting forth sundry matters of defence. “ It appeared that on the 15th of February, 1830, one Joseph Comings, conveyed to Zilpha Stuart, the wife of the defendant, a certain farm in fee. That afterwards, the said Comings was duly placed under the guardianship of the plaintiff, being then a lunatic.
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This was an action of debt on a bond given by the defendant to the plaintiff for the performance of an award. The general issue was pleaded, with a brief statement setting forth sundry matters of defence. “ It appeared that on the 15th of February, 1830, one Joseph Comings, conveyed to Zilpha Stuart, the wife of the defendant, a certain farm in fee. That afterwards, the said Comings was duly placed under the guardianship of the plaintiff, being then a lunatic. That the guardian apprehending that an adequate price had not been paid or secui-ed, for such real estate, procured a submission of…
1Opinion of the Court
JYIeulen C. 3.
Several objections have been urged against the plaintiff’s right to recover in this action; two against the legality of the submission, and one against the legality of the award. Without pausing to inquire how far either of the parties is entitled ,io contend against the formality of the submission to which both have solemnly assented, or object to the right so to assent and contract, we proceed at once to the consideration of the objections. To understand them clearly, it may be useful to state in a summary manner, some of the facts which led the parties to ¡enter into the…
2Cited by4 opinions
- Nashville Lumber Co. v. BarefieldSupreme Court of Arkansas · 1910
- Thurber v. JewettMichigan Supreme Court · 1854
- Ordinary v. DeanSupreme Court of New Jersey · 1882
- Estate of McFaddenSuperior Court of Pennsylvania · 1898